Full text of "The new charter of Baltimore City enacted by the Acts of 1898, Ch. 123; with all amendments and additions therto down to and including the Acts of 1914"

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THE NEW CHARTER

BALTIMORE CITY

Enacted by the Acts of 1898, Ch. 123

With all amendments and additions thereto down to and including the Acts
of 1914; and with an Appendix containing the Acts establishing
the City's boundaries, the General Condemnation Law and
the Agreement between Baltimore City and Balti-
more County, as to the use of the Out-Fdl
Sewer by Baltimore County, and with
references to. and annotations
of, decided cases.

» o , a *a

COMPILED UNDER THE DIRECTION OF

S. S. FIELD, CITY SOLICITOR.

HENRY W. WEEKS.

FOR FIFTEEN YEARS CLERK OF THE LAW DEPARTMENT
OF BALTIMORE, CITY.

MAR '^ 4 19^^

BALTIMOEE CITY

PBIXTING AND BINDING

COMPANY.

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REPORT OF COMMISSION

Baltimore, January 27, 1898.

To the Honorable General Assembly of Maryland:

The Commission appointed pursuant to the ordinance of the
Mayor and City Council of Baltimore, approved iSTovember 24,
1897, to draft a new Charter for the City of Baltimore, here-
with, as directed by said ordinance, respectfully submit the
result of their labors.

After mature deliberation the Commission decided at the
beginning of their work of preparing a new organic Act for
the City of Baltimore, to be governed by certain well-defined
and recognized principles relating to municipal government,
which had been found in other cities to be beneficial and which
it was thought were fundamental and necessary, if there were
(C to be an improvement on the present law relating to the City
of Baltimore. Some of these controlling principles were :

1. To locate responsibility upon public ofiieials in such a

. manner that it could not be evaded.

^ O^ 2. To give representation to the minority party in all dc-

^j;^ partments, when composed of more than one person, so that an

opportunity might be given to the minority to scrutinize the

actions of the party in power.

3. To hold municipal elections at a dillerciit time from the
State and Federal elections, in order to separate municipal
affairs from the influence of the political issues wliich are neces-
sarily involved in State and Federal elections.

4. To require the appointment of experts in all departments
where professional knowledge and skill are required.

5. To grant the use of the streets and other public property
for limited terms, and to the highest bidder, subject to the
control and i-cgiilatioii of the city during tlie })eriod of the grant.

0. To check hasty legishxtion, especially in matters relating
to expenditure of tlie jniblic moneys, and to prohibit the creation
of floating debts.

7. To remove tlic public school system from all possible
political iiilhicnce.

8. To pla«-e the indigent sick and poor, when their treat-
ment, care or support is paid for by the city, under the supervi-
sion ot' city officials.

210357

The most advanced and improved forms of municipal govern-
ment, as far as the Commission have been able to ascertain, have
had incorporated in them the j)]acing of the power of appoint-
ment in one person. It might well be urged that this is con-
ferring too much power upon one man, that the appointing
power in city government should be distributed ; but experience
has shown that by centralizing the appointing power the respon-
sibilitv for ofHcial conduct can at once be delinitely fixed. The
Charter submitted places the power of appointing the heads of
all departments and their respective sub-departments in the
Chief Executive of the city, the ]\Iayor, where it properly be-
lo]igs. The Commission have not taken the extreme position
of making the Mayor absolute in regard to this pow-er of appoint-
ment. His appointments must be confirmed by the Second
Branch of the City Council. The power of appointing all
subordinates and employees in the several departments and sub-
departments is in each case lodged in the head of the depart-
ment. The Commission have to this extent endeavored to carry
out the single-executive-head system, which has been tried in
other cities with good results. It is hoped with this system,
as now recommended, the Mayor will be more careful in ap-
pointing heads of departments or sub-departments, and the
various heads so appointed will also be more careful in selecting
competent subordinates.

The principle of representation from the minority party in
all departments, boards or commissions, where composed of
more than one person, is carried out in the proposed Charter.
This will not prevent the successful party at the municipal elec-
tion from adopting and carrying out any policy or reforms
which, in its judgment, might be right and proper, and will
in no way interfere with the administration of public affairs
by the successful party ; but it will afi'ord to the minority at all
times a right of representation in the city government, and will
give it an opportunity of scrutinizing the actions of the party
in power.

The feature of the spring elections is designed for the distinct
purpose of separating the municipal elections from those of the
State and Xation. It must be conceded that in order to make
a good Mayor of a large and prosperous business centre like Bal-
timore there is no inherent necessity for his belief in one rather
than another of the principles which separate the leading politi-
cal parties. The State and National questions are invariably
discussed and made issues at all the ]S[ovember elections, and
it is difiicult to remove from the influence of these discussions

municipal ali'airs when the elections are held at the same time.
The spring elections, it is hoped, will enable the citizens of
Baltimore to eliminate everything from their municipal cam-
paigns except that which pertains to the best business adminis-
tration of the city, and will present to the voters an opportunity
of electing such of the nmnicipal candidates as are most likely
to ensure good municipal govermnent.

The provisions of the Charter placing experts at the head of
the various departments and sub-departments where profes-
sional knowledge is recpiired, are expected to secure to the city
the best service of men of competent knowledge and experience
in the departments placed under their charge. The Commission
have adopted the following general provision wherever expert
knowledge is required : "He must have had at least five years'
experience in, the active practice of his profession and have
had responsible charge of work for at least that length of time."
Exjjerts are required in the following offices: City Engineer,
Water Engineer, Harbor Engineer, Inspector of Buildings, and
Commissioner of Health. ]t was deemed advisable for tlie best
interests of the city to put the entire subject of public improve-
ments under the direct control and supervision of a lioard of
experts, styled the Board of Public Improvements. On this
Board the Charter submitted, places three civil engineers and
an architect, and all matters are referred to them when involv-
ing questions of new public buildings, additional harbor facili-
ties, a sewei-age system, extension or improvement of streets,
the erection of l)ri(]ges and other similar work.

The proposed Charter requires that the grant ol' i'ranchises
or rights in, over or under the streets or in othei- ])ublic property
shall be made fm- (Hily limited periods ( twenty-tive years), and
also provides that in all ordinances granting sucli franchises or
rights provision can be made for the reverting to tlic city at
the expiration of tli(> grant, of the plant and its appurtenances,
and gives power to the city to operate and control the same, if it
should prove desirable. All franchises or rights in the liigiiways
of the city are to Ik^ sold under the supervision of the Board of
Estimates. Under no circumstances can the city divest itscit
f the right or ])owci- to regnlate tln^ ex(>rcise of the fi-ancliisc

<ii" right granted

The Connnissioiicrs haxc also endeavored t(» pi'otect the pnblu*

interests In relation to the linances of the city hy the provision

ot' the proposed Charter in regard to the P)oard of Estimates.

Ihls Board is composed of the highest officials of the city govern-

irif nt, that is to sav. the Mavor, who is tlie chief execntiv<' officer

of the city Jiiid elected by the people ; the City Solicitor, who is
appointed by the Mayor and is the head of the Law Department,
and who will always be a prominent member of the bar; the
Comptroller, who is also elected by the people and responsible
to them, and who is the head of the Finance Department ; the
President of the Second Branch of the City Conncil, a represen-
tative member from the legislative branch of the city govern-
ment, and, finally, the President of the Board of Public Im-
provements, who is the City Engineer, and wall be an expert in
engineering. It is believed that by this strong combination of
leading city officials, representing every branch of the municipal
government, the financial interests of the city will be carefully
guarded and that the welfare of the citizens will always be the
controlling motive in the deliberations and actions of the Board.
The duties of this Board are comprehensive in their nature
and include the general control of the financial policy of the
city. In the preparation of the lists of ''Departmental Esti-
mates," "Estimates for New Improvements" and "Estimates
for Annual Appropriations," called for by the proposed Char-
ter, the entire appropriations of public funds are embraced.
It may, therefore, be expected that the composition of this Board
of the highest municipal officers and representatives of the city
government will furnish a guarantee in the future against ex-
travagance and the reckless expenditure of public moneys. The
provisions of the Charter submitted relating to the Board of
Estimates are sufficiently comprehensive to furnish to the
municipality opportunities for a safe and conseiwative financial
policy and to prevent the public debt from advancing beyond a
safe per centum of the taxable basis. Ample provisions are
made for conducting the city government, and no floating debt
can be created. The Board of Estimates, in the ordinance they
annually submit, providing for the expenditures by the city
for the ensuing year, take into consideration all the disburse-
ments, and if the income is insufficient to meet these expendi-
tures there must be a pro rata reduction in all departments. If
there is a surplus it must be paid over to the Finance Commis-
sioners to be credited to the general sinking fund. By this
provision it is hoped that the sinking fund will be greatly bene-
fited. When any ordinance for public improvements exceeding
in cost the sum of $2,000 has passed its first reading in either
Branch of the City Council it shall be referred to the Board of
Public Improvements for their opinion as to whether or not the
wants of the city require the improvement mentioned in the
ordinance submitted, and when this Board give their report

on this ordinance it is then referred to the Board of Estimates
for their opinion as to whether or not there is or will be sufficient
money in hand to pay for the contemplated improvement. Until
both of these Boards report upon the ordinance it cannot become
valid. It will be readily seen that in this manner hasty legisla-
tion will be checked, and it is probable that only such ordinances
for public improvements will be passed for which there is suffi-
cient cash on hand to pay and which the requirements of the
city demand. By these provisions it is believed a step will be
taken in the direction of a regular and systematic reduction
of the enormous debt which now hangs over the Citv of Balti-
more and a check placed upon the expenditure of its money, so
as to keep the expenses and appropriations of the city govern-
ment entirely within its means.

The provisions of the proposed Charter relating to the public
school system have been framed after careful consideration and
research respecting the systems in force in various cities of im-
portance. It provides for the appointment of the School Com-
missioners, nine in number, by the Mayor, subject to confirma-
tion by the Second Branch, for a term of six years each, three of
them to retire at the end of everv two vears. It is submitted
that a long term, together with the other provisions which have
been inserted, will cause the affairs of the schools of Baltimore
to be administered by competent men, independent of partisan
and ecclesiastical ties. The endeavor has been made to secure
three things : First, oversight of the schools by a Board of Com-
raipsioners so selected as to ensure conservative administration
and full responsibility; second, attention to the details of school
management by a body of qualified superintendents, and, third,
the maintenance of popular interest in the public schools by
means of a large number of local school visitors, one or more of
them from the immediate neighborhood of each school-house.

The Charter submitted gives to the city a supervision over
all persons who come under the class of indigent sick and poor.
All money appropriated by the city for the care of its poor
shall be by contract with the various institutions which care and
provide for the poor of Baltimore. No money is to be appro-
priated except under contract, and the Supervisors of City
Charities are to have supervision over all persons who are sub-
jects of municipal aid.

The Legislative Department remains substantially as at pres-
ent, except that the Second Branch is smaller, and that one-half
are always old and experienced members. The legislative func-
tions of the City Council are in no wise impaired. Not ono cent

Vlll

of the public money can be spent until the City Council, by ordi-
nance, makes an appropriation.

The Commission have had before them the great need of
increased revenue to meet the constantly growing wants of the
city. To this question the members of the Commission have
given their most serious thought. Taxes today are burdensome
on the owners of land and houses, and to meet the wants of the
city this burden must be largely increased unless the revenue
of the city can be increased from other sources. The Connnis-
sion have proposed to so modify the law as to give to the city all
the fees collected by it from liquor licenses. A Supplementary
Act accompanies the Charter, providing that the counties shall
retain the fees collected by them from the same source. The
Commission feel that they would not be performing their full
duty if they did not urge upon the Legislature the necessity for
this change and the adoption of the provisions as to these fees
contained in the proposed Charter.

Another Supplementary Act provides for certain limitations
on the power of the city as to contracting debts. This provision
is a proper one and should be adopted.

The Commission believe that the Charter herewith submitted
will, if adopted, remedy many of the faults of the old law, and
provide such a law as will materially contribute to the future
development and prosperity of the great metropolis of Mary-
land.

William Pi?s'kxe\' Why'/e^ ('Jii(inn(i)i .

Feedixand C. Latkobe,

Daniel C. Gilman,

Samuel D. Schmucker,

Geoege R. Gaither, Jr.,

Thomas Irelakd Ellk^tp,

Thomas G. Hayes,

Lewis Putzel,

Neiu Charter (JommisHion,

Frederick T. Dorton, Secretary.

CONTENTS.

I. CHARTER.

sections

1. Mayok axd City Council of Baltimore 1-15

(a) Corporate Name. Power to Hold rropcrty. Annex. 1-5

(b) General Powers 6-6B

(d ) Contracts with the City 14-15

2. Mayor 1(J .iO

3. Executive Department 31

(a) Department of Finance 3U

1. Comptroller 33-34

2. City Register 35-35a

3. Board of Estimate!. 3(5-40

4. Commissioners of Finance 41

5. City Collector 42-5SB

6. Collector of ^Yater Rents and Licenses 59

( h ) Department of Law UO

City Solicitor 61-07

1. Board of Fire Commissioners (59-70

2. Commissioner of Health 71-78

3. Inspector of Buildings 79-82

4. Coniniissiciner of Street Cleaning S3

{d) Deiiaitment of Public Iniiirovenients 84-85

1. Highways Engineer 86-86D

2. Water Board 87-87A

:',. narl)()r Board 8S

4. Inspector of Buildings .S9

(e) Department of Public Paiks and Sijuares 90

Board of Park Commissioners 90-!<8b

(/) Department of Education 99

P>oard of School Commissioners 99-102S

( y I 1 »(|)artment of Charities and Corrections 103

1. SujK'ivisors of City Charities 104-1 17

2. Visitors to the Jail 118-144

(/'I Department of Review and Assessment 145

1. Ajipeal Tax Court MO-Hl

2. Commissioners for Opening Streets 172-iyi)a

SECTIONS

( i) Division Embraciug Municipal Officers Not Included

in Any Department 196

1. City Librarian 19(5-200

2. Commission on City Plan 200A

3. Art Commission 201-203

4. Superintendent of Lamps and Lighting 204

5. Surveyor 205

G. Constables 206

7. Superintendent of Public Buildings 207

S. Public Printer 208

9. Department of Legislative Reference 208A-208C

4. Legislative Department 209-222

n. MISCELLANEOUS LOCAL LAWS.

1. Advertisements 222a-208b

2. Arbitration — Court of 223-225

3. Arbitration Committee of the Corn and Fi.our Exchange 226-22S

4. Assault and Battery 229-231

5. Auctions 232-278

6. Bail 278a-278k

7. Bills of Exchange and Promissory Notes 279-279c

S. Buildings 280-280a

9. Carriages, Horses and Automobiles 281-293

10. Coroners, Inquests and Dead Bodies 294-299

11. Courts 300

(a) Superior Court, Court of Common Pleas, and Bal-
timore City Court 300-322

( & ) Circuit Court of Baltimore City 323-324

(d) Criminal Court of Baltimore 328-351

(e) Orphans' Court 352-353A

(/) Register of Wills 354-356

(g) Clerks of Law Courts of Baltimore City 357-366

(h) Clerk of the Criminal Court of Baltimore 367-368

(i) Clerk of the Circuit Court of Baltimore City, and

of the Circuit Court No. 2 of Baltimore City... 369

{)) Salaries of Clerks of Courts 370-371

(fc) Criers, Bailiffs, Watchmen and Stenographers... 372-382

H) Sheriff 383-386

(m) Witnesses, Docket Entries and Records 387-388

(n) Costs 389

SECTIONS

V2. Deaf, Dumb axd Blind 395-400

13. Destroying Property Maliciously 401

14. Examining Engineers 426-430

15. Perries 431-437

IG. Fines and Forkeituues 438-444

17. Fire 455

(a) Fire Department 445-448a

(b) Oil and Illuminating Fluids 449-456

IS. Fish 457

19. Gas Companies 458-462c

20. Harbor, Docks and Wharves 463

(a) Harbor 463-466

(&) Docks 467-469

{d) Harbor Board 480-485

21. HEAJ.TH 486

(a) Nuisances 486-492

(b) Athletic Fields, etc 492a

id) Children's Playgrounds 493a-493c

(e) Hospitals for Infectious Diseases 493d-493g

(/) Infants in Improper Homes or Care 493h-4931

ig) Seats for Female Employes in Stores or Factories. 505-506

(h) Tenement and Lodging Houses 507-508

(t) State Board of Commissioners of Practical Plumb-
ing 509-515

22. Horseshoeing 515a

(a) Board of Examiners of Horseshoers 515b-515f

23. Hours of Labor 516-516c

24. Houses of Refuge and Reformation 517-518

25. l.M .MIGRANTS 519-531

26. Inspections, Weights and Measi-res 532

(a) Barrels 532-584

(?>) Coal 535-540

(d) Gangers of Casks and Liquors 544-551

(e) Hay and Straw 552-570

(/) Manure 571

(g) Stoani Boilers 572-589

(//) Wood Carts 590-599

27. .Jo.NKs" Palls 600-601

Xll

SECTIONS

28. JuKOKS 602-620

(« ) Pay of Jurors 621

(b) Volunteer Militia Exempt from Jury Duty 6'22

29. Justices of the Peace axd Constables 623-649

30. Landlord and Tenant 650-656*

31. Larceny 656a-656c

32. Legislative Districts 656d-657

33. Boundaries of Legislative Districts 657A

34. Councilmanic Districts 657B

35. Licenses 658

(a) Billiards 65S-660d

(&) Horse Dealers 661-663

(e) Moving Picture Machine Operators 691a-691i

(/) Pavpnbrokers 692-693

ig) Merchandise Brokers 694

(h) Real Estate Brokers 695-700

(i) Stevedores 700a

(./) Duty of Sheriff and Clerk of Court 701-702

36. Mariners and CHARrrABLE Marine Society of Balti-

more 703

37. Markets 704-719

38. Mortgages 720-732A

39. Municipal Liens 732A

40. Notaries Public 733-734

41. Oysters 735

42. Parks and Squares 736-739a

43. Park Improvement Loan 739b-739f

44. Police Commissioners 740

(a) Organization of Force 740-764

(b) Matrons at Station Houses 765-768A

(d) Patrol Wagons 770

(e) Physicians to the Police Force 771-773C

(/) Races 774

(g) Registration of Voters 775

( /( ) Special Fund 776-780

(i) Long Bridge 781

(j) Telegrapli to House of Correction 782

(k) Thiexes and Pickpockets 783-784

Xlll

SECTIONS

(7) Personating' I'olieemeu 785

(w) New Station Houses 7S6-7SS

45. I'KATT Free Library 789-790

46. Railroads 791

(« ) Safety Gates 791-70;i

{b) Hours of Labor 793-705

(d) I'ark Tax 797-S0<)

(e) Railway Easements in Annex 800a-800b

(/) Railway Area Paving 800c-800d

(g) Prohibiting Tracks on Certain Streets 801-801d

47. Records 802-805

48. Sabbath 806-807

49. Schools 80S

(a) Intestates' r:states 808-813

(ft) Johns Hopkins University 814-815

50. Tkxt Book Upon Civil Government 816a

51. Sewers 817-824

52. New SEWKKAcrn System S24a-824n

53. Sheriff's Fees 825

54. Stocks, Loans and Finance 826

55. Civic Centre and Parks 826a-826f

56. Contagious Diseases Hospitai 826g

57. Electrical Commission 826h-826i

58. Harbor, Docks and Wharves 826j-826o

59. Jones Falls Imi'Hovkmknt — Fallsway 826p-826t

60. Municipal Lighting Plant 826u

61 . PoLic E Station Houses 826v

62. Schools 826w

63. Sinking Fund Bonds 826x-826y

64. Water Sm-iv I.mi'Rovk.mi.ni 826z-826oo

65. Strep:ts, Bridges and Hlghwavs N27

(a) OiK'iiint,' Streets 827-833

(h) .\(.itli Avenue 838

66. GitAiics oi Strii.is 833a-837a

67. Yoi:i< RoAK 838a

68. .New Boundaic^ Avenue 838b

XIV

SECTIONS

69. Annex Improvement Loan and Commission 841a-841t

70. Paving Commission, etc 841u-S41dd

71. Street Dirt, Sweepings and Garbage 841ee

72. Special Paving Tax 841fE-841ii

73. Surveyor 842

74. Taxes 843

75. Tenants for Years or Less, or at Will 844-864

76. Vagrants, Paupers, Beggars, Vagabonds and Disorderly

Persons 865-880

77. Vagrant Children 881-884

(o) Boys' Home 885

(b) St. Martha's Episcopal House 885a

((f) Hebrew Orphan Asylum 889

(/) Protestant Infant Asylum 895

(g) Probation Officers 886A-886F

78. Waitresses in Places of Public Amusement 900-901

79. Water 902-906

{a) Lake Roland, Reservoirs aad Dams 902-906

ACT OF 1898,

CHAPTER 123.

AN ACT TO Repeal Article 4, entitled "City of Balti-

MOKE," OF THE CoDE OF PuBLIC LoCAL LaWS OF MARY-
LAND, AND THE Several Acts and Parts of Acts
Amendatory Thereof, and to Re-Enact said Article
4, with Amendments, Under Two Sub-Titles, to be
Known as "Charter" and "Miscellaneous Local
Laws."

Section 1. Be it enacted hy the General Assembly of Mary-
land, That Article 4, entitled "Citv of Baltimore," of the Code
of Public Local Laws of Maryland, and the several Acts and
parts of Acts amendatory thereof, be and the same are hereby
repealed, and the said Article 4 is hereby re-enacted, with
amendments, under two sub-titles to be known as "Charter"
and "Miscellaneous Local Laws," so as to read as follows :

ARTICLE IV.

CITY OF BALTIMORE

CHARTER

MAYOR AND CITY COUNCIL OF BALTIMORE.

Corporate Name, Power to Hold Property, Annex.
P. L. L., (1860) Art. 4, sec. 1. P. L. L., (1888) Art. 4, sec. 1.

1. The inliabitants of the City of Baltimore are a corpora-
tion, by the name of the "Mayor and City Council of Balti-
more," and by that name shall have perpetual succession, may^
sue and be sued, may purchase and hold real, personal and
mixed property and dispose of the same for the benefit of said
city, as herein provided, and may have and use a common seal,
which may be altered at pleasure.

Mayor & C. C. of P.alto. v. State, 15 Md. 376. State v. Graves. 10 Md.
351. Horn v. Mayor & C. C. of Balto., 30 Md. 21S. Pimipluey v.
Mayor, &c., of Balto., 47 Md. 145. Ireton v. Mayor, &c., of Balto., 61
Md. 432. DuRan v. Mayor, &c., of Balto., 70 Md. 1. Balto. City v.
Merryman, 86 Md. 591. Balto. City v. Gorter, 93 Md. 6. Davidson v.
Balto. City, 96 Md. 511. Balto. City v. Beck, 96 Md. 190.

As to powers of the municipal corporation generally, see M. & C.
C. of Balto, V. Howard, 20 Md. 335. Mayor, &c., of Balto. v. Poultney,
25 Md. 107. Mayor, &c., of Balto. v. Groshon, 30 Md. 436. Hagerstown
V. Seliner, .'57 Md. ISO. (JrcfT v. Mayor, 44 Md. 67. Mayor, &('., of Balto.
V. Reitz, 50 Md. 574. Ileiykell v. Mayor, 65 Md. 148. Stati; v. Rowe, 72

Md. 548. Lake Rol. Elv. R. R. Co. v. Balto., 77 Md. 352. Revell v.
Annapolis, 81 Md. 1. M. & C. C. of Balto. v. Keeley Inst., 81 Md. 106.
Mealey v. Hagerstown, 92 Md. 741. Packard v. Hayes, 94 Md. 233. Mur-
doch V. Strange, 99 Md. 104. Cambridge v. Water Co., 99 Md. 502.
-See note to sec. 1, Art. 1 (Statutes) City Code (1879).
City may be sued in the County for trespass to real estate.

Baltimore v. Turnpike Company, 104 Md. 351.
Southern boundary of city extends to limit of any pier built from city
side into river.

West. Md. Co. V. City, 106 Md. 561.
But jurisdiction does not extend over floating piers or vessels, moored
to shore.

Treuth v. State, 120 Md. 257.
In transitory actions city must be sued in its own Courts.
Phillips v. M. & C. C, 110 Md. 431.

P. L. L., (1860) Art. 4, sec. 2. P. L. L., (1888) Art. 4, sec. 1.

1888, ch. 111.

2. All the property and franchises of every kind belonging
to, or in possession of the Mayor and City Council of Balti-
more are vested in said corporation. The said corporation may
receive in trust, and may control for the purposes of such trust
all moneys and assets which may have been or shall be bestowed
upon it by will, deed or any other form of gift or conveyance in
trust for any general corporate purpose, or in aid of the
indigent poor, or for the general purposes of education or for
charitable purposes of any description within the said city,
and the said corporation may' dispose of, in the manner and
upon the terms in this Article provided, any property belong-
ing to it.

Itlxrs. of McDonough v. Murdoch, 15 Howard 413. Darlington v.
Mayor & C. C. of Balto., 51 Md. 1. Gregg v. Mayor & C. C. of Balto.,
56 Md. 256. Barnum v. Mayor & C. C. of Balto.. 62 Md. 275. David-
son V. Balto. City, 96 Md. 511. Cf., Johnson v. Frisbie, 29 Md. 76. Kil-
patrick v. Mayor, 81 Md. 179.

The legislature possesses wide powers of control and legislation over
the City of Baltimore, but its power is not absolute and unlimited.

Thrift v. Laird, 125 Md. 55.

P. L. L., (1888 )Art. 4, sec. 4. 1888, ch. 98.

3. All the provisions of the Constitution of the State and
of this Article shall be applicable to the portions of Baltimore
County, which, under the terms and provisions of the Act of
1888, Chapter 98, have been annexed to the City of Baltimore.
All streets, avenues or alleys lying in any portion of Baltimore
County, which, under the provisions of said Act of 1888,
Cliapter 98, became a part of Baltimore City, and which shall
have been legally condemned as streets under the provisions

of the Acts of Assembly of Maryland relating to streets in
Baltimore County, shall be held to be validly constituted streets
of Baltimore City in all respects as if the same had been legally
condemned as such by the Mayor and City Council of Balti-
more ; and all proceedings for the laying off, opening, grading
and construction of streets, avenues or alleys, which shall hsLve
been begun under Article 3, of the Public Local Laws, title
"Baltimore County," sub-title ''Streets," shall be proceeded
with and completed under said Article and sub-title.

Daly V. Morgan, 69 Md. 460. Chilton v. Brooks, 71 Md. 452. Mur-
giondo V. Hoover, 72 Md. 12.

As to effect of Annexation Act on rights of turnpike companies In
bed of streets in annexed territory and powers of the Mayor and Citj
Council of Baltimore in relation to streets occupied by such companies,
see,

Baltimore & Jerusalem Turnpike Co. v. Mayor & C. C. of Balto., Daily
Record, April 24, 1890. Roberts v. Loyola Perm. Bldg. Asso., 74 Md. 1.
Murphy v. McEney. 77 Md. SO. Mayor & C. C. of Balto. v. Turnpike
Co., 80 Md. 541. Ulmau v. Charles St. Ave. Co., 83 Md. 138. Park
Tax Case, 84 Md. 1. Baltimore City v. Broumel, 86 Md. 155. U. Rys.
Co. V. Hayes, 92 Md. 490. Upshur v. Baltimore, 94 Md. 754. Balta
City V. Balto. Co. Water & Elec. Co., 95 Md. 241.

1908, ch. 286. 1888, eh. 98. P. L. L. (1888) Art. 4, sec. 5.
4. All personal property situated or held in the territory
annexed to Baltimore City by the Act of 1888, Chapter 98^
shall be subject to levy, taxation and assessment in the same
manner and form, and at the same rate of taxation as property
of similar character or description within the old limits of said
city may be subject. It shall be the duty of the Appeal Tax
Court of said city, as soon as possible after this section of this
article takes effect, to divide all the real and leasehold property
in said territory into three separate classes, to be known as
urban, suburban and rural property, for the purposes of city
taxation for the year 1909, and to revise said classification
annually thereafter for city taxation on or before October 1st
of each and every year for succeeding years in accordance with
the following classification, said three classes to be defined and
subject to city taxation as follows: (1) All real and lease-
hold property in said territory which is now legally liable; to
full city taxation, and all real and leasehold property situated
in said annexed territory, located in a block of ground not
exceeding 200,000 superficial square feet, formed and houndc*!
on all sides by inters(;('ting streets, avenues or alleys, opened,
graded, curbed and otherwise improved froTU curb to curb by
pavement, macadam, gravel or other substantial material, sliall
be cla.ssified as urban property, and shall be subject to the same

rate of city, taxation as real and leasehold property within the
old limits of said city may be subject. (2) Every lot, or piece
of real and leasehold property to a depth not exceeding 200
feet, situate in said territory, which fronts, binds or abuts on
any public street, avenue or highway, lighted at public expense,
and completely paved from curb line to curb line, including
gutters, with bitulithic, asphalt, asphalt blocks, belgian blocks,
vitrified bricks, macadam in good condition as heretofore laid
before this section of this article took effect, or if laid subse-
quent thereto, laid without direct assessment for the cost thereof,
in whole or in part, upon the abutting property owners, unless
the owners of a majority of front feet of property binding upon
said street, avenue or highway, or the part thereof to be paved,
expressly assent to said direct assessment, and laid in accordance
with existing standards of proper macadam construction as
laid under the supervision of the City Engineer, or other
improved pavement (or with cobblestones laid before this sec-
tion of this article took effect, or laid subsequent thereto upon
the assent of the owners of the majority of the front feet of
property binding upon said street, avenue or highway, or the
part thereof to be paved), as distinguished from earth or gravel,
which streets, avenues or highways are continuously connected
by public or private streets, roads, avenues or highways (other
than turnpikes upon which tolls are charged within the limits
of said city) paved from curb line to curb line, including gut-
ters, with bitulithic, asphalt, asphalt blocks, belgian blocks,
vitrified bricks, macadam or other improved pavement or cobble
stones, as distinguished from earth or gravel, with the territory
embraced within the old city limits, shall be classified as subur-
ban property, and shall be subject, for the purposes of city
taxation to a rate equal to two-thirds of the rate to which urban
property may be liable, but in no year shall the rate for subur-
ban property exceed that of one dollar and thirty cents f $1.?>0)
on the one hundred dollars ($100) of the assessed value of such
suburban property. (3) All real and leasehold property in
said annexed territory which does not come under either the
classification of urban or suburban property, as hereinbefore
defined, shall be classified as rural property, and shall be sub-
ject, for the purposes of city taxation, to a rate equal to one-
third of the rate to which urban property may be liable, but in
no year shall said rate be less than the rate of sixty-five cents
on the one hundred dollars ($100) of the assessed value of
such rural property; provided, that all taxes levied or assessed
in said annexed territorv prior to the lew and assessment to

be made for the year 1909 shall be subject to the provisions of
the Act of the General Assembly of Maryland, Chapter I.'IO,
Acts 1902, and all other laws in force relating to the levying
and assessment of taxes in said annex prior to the passage of
this Act. All the easements and rights of way of railroads and
the tracks or other structures erected thereon, and all easements
or other property located in, on, under or over the streets, roads,
avenues, alleys, highways, or ways in said annexed territory,
shall be and hereafter remain subject to taxation as now or
hereafter provided by law.

Daly V. Morgan, 69 Md. 460. Sindall v. Mayor & C. C. of Balto., 93
Md. 526. U. Rys. & Elec. Co. v. Balto. City, 93 Md. 630. Balto. Belt
R. R. Co. V. Baltimore, 93 Md. 638. Goebel's Case, 93 Md. 749. Kuenzel's
Case, 93 Md. 750. Gittings v. Baltimore, 95 Md. 420. Baltimore City v.
Poole, 97 Md. 71, 72. Joesting v. Balto. City, 97 Md. 590. 0/., Groif v.
Mayor, 44 Md. 67. Baltimore v. Rosenthal, 102 Md. 298. United Rail-
ways, etc. Co. V. Baltimore City 93 Md. 630. Joesting v. Baltimore City,
97 Md. 591. Storck v. Baltimore City, 101 Md. 476. M. & C. C. of Balto.
V. Rosenthal, 102 Md. 298. Hiss v. M. & C. C. of Balto.. 103 Md. 621.

For classification at full rate streets must be public. Rubblestone
gutters are sufficient curbing within the meaning of the Act.
Smith V. Baltimore, 120 Md. 143.

Passes upon size of block in Annex, and condition of the paving, to
bring block under full city rate of taxation.

M. & C. C. V. Harris, 113 Md. 227.

Defines a block for taxation in the Annex.

M. & C. C. V. Knell, 111 Md. 583.

4A. Kepealed by Act of 1908, Chapter 286.

p. L. L., (1888) Art. 4, sec. 0. 18S8, ch. 98. 1890, ch. 468.

5. The annexation to the City of Baltimore of the territory
described in the Act of 1888, Chapter 98, shall not aifect the
right of any turnpike or toll-road company heretofore char-
tered by this State from collecting tolls upon such parts of
their said roads as lie within .said territory, nor shall any provi-
sion in the charter of said companies which prohibits the erec-
tion of a toll gate within one mile of Baltimore City, operate to
require the removal of any toll-gates now located within said
territory. But the Mayor and City Council of Baltimore shall
have the power to purchase or condemn from said coni])anios
such portions of their several turnpike roads as lio with in the
city, or to arrange with the said companies for tlic iciuoval of
their turnpike gates beyond the city limits, and to appropriate
such sums of money as may be necessary to carry ont these

objects.

M. & C. C. of BiiUimoro v. Turnpike Co., 80 Md. 541. Ilhnan v.
Charles St. Ave. Co., 83 Md. 138.

ge:n^eral powers.

6. The Mayor and City Council of Baltimore shall have

full power and authority:

Baltimore City v. Gorter, 93 Md. 1.
The legislature possesses wide powers of control and legislation over
the City of Baltimore, but its power is not absolute and unlimited.

Thrift V. Laird, 125 Md. 55.

(1) BUILDINGS.

P. L. L., (ISOO) Art. 4, sees. 29, S23, 8G4, 943. P. L. L., (1888) Art. 4,

sees. 121-124. 1892, eh. 10. 1904, ch. 616. 1906,

ch. 797. 1910, ch. 704.

To direct in what part of Baltimore City buildings of wood
shall not be erected ; to regulate and establish the size of bricks
that are to be used in the houses to be built in the City of
Baltimore ; to provide for the entry into and examination of all
dwellings, lots, yards, inclosures and buildings, cars, boats and
vehicles of every description; to ascertain their condition for
health, cleanliness and safety; to regulate the building and
maintenance of party walls, partition fences, parapet and lire
w^alls, smoke flues, fire places, hot-air flues, boilers, kettles,
smokestacks and stovepipes. To provide for and regulate the
safe construction, inspection and repairs of all private and
public buildings within the city; and to compel the consump-
tion of smoke and make such regulations as may be deemed
necessary to prevent the same from becoming deleterious or
offensive to health. To take down and remove, or make safe
and secure, any and all buildings, walls, structures or super-
structures, at the expense of the o^vners thereof, that are or
may become dangerous, or to require their owners or agents to
take dovni and remove them, or put them in a safe and sound
condition at their o\\ai expense ; to make any and all costs and
expenses incurred in, about the taking down and removal, of
making safe and secure of all buildings, walls, structures or
superstructures, as aforesaid, a lien upon the interests of the
owners in the land or improvements, or both, and to provide
for the enforcement of such liens by sale of the property,
whether real or personal ; to regulate, restrain or prohibit the
erection of wooden or frame buildings within the present limits
of the city, and to remove the same at tlie o^vner's expense when
erected or suffered to remain contrary to law or ordinance ; to
regulate the height, construction and inspection of all new
buildings hereafter erected in said city ; and the alteration and
repairs of any buildings already erected, or hereafter to be
erected in said city ; and the ordinance regulating the construe-

tion and inspection of buildings in said city passed by the City
Council and approved by the Mayor October 23, 1891, is hereby
authorized and legalized in the same manner as if full authority
had been given by the General Assembly for the passage of
the same prior to its enactment ; to regulate the limits within
which it shall be lawful to erect any steps, porticos, bay win-
dows, bow windows, show windows, awnings, signs, columns,
piers or other projections or structural ornaments of any charac-
ter for the houses fronting on any of the streets, lanes or alleys of
said city ; provided, however, that within that part of Baltimore
City actually consumed by the great fire of February 7 and 8,
1904, it shall be unlawful to erect upon the streets, lanes and
alleys of the city, between the grade of the sidewalks and a
point ten feet above such grade, any such awning, step, portico,
bay window, bow window, show window, sign, except signs
placed against buildings and not extending more than two inches
therefrom, column, pier or other projection or structural orna-
ment of any character, except the stone bases of pilasters for
ornamental and architectural effect, not exceeding more than
eight inches from the building line.

Mayor v. Radecke. 49 Md. 217. Garrett v. Janes. 65 Md. 260. Town-
send. Grace & Co. V. Epstein, 93 Md. 537. Bostock v. Sams, 95 Md. 400.
Storck V. Mayor, etc. Baltimore, 101 Md. 476.

In the Storck case, above cited, the Act of 1904, ch. 616, was declared
inoperative as to that part of the city outside of the "Burnt District."
The first proviso in section 6 of the City Charter, title "General Powers,"
sub-title "Buildings," as re-enacted by said Act, was declared void for
luicertainty, and the second proviso thereof void as beins arbitrary
and unreasonable. The object of the Act 1906, ch. 797, was to modify
the paragraph relating to buildings so as to conform lo the decision of
the Court of Appeals in the Storck case.

For furthei- cases relating to building matters, covered by the para-
graph of section 6 in relation to buildings, see, —

Barry v. Edlavitch, 49 Md. 217. Dorsey v. ITabersack. .S4 Md. 117.
Serio v. Murphy, 99 Md. 545.

(2) CARKTAGES.

p. L. L., (1S60) Art. 4. sees. 13S, 1.39, 86.3. ISSO, ch. 69. P. T>. L.,
(ISSS) Art. 4. sees. 1.32-1.34.

To license and regulate all carriages and other vehicles owned
or used for the pui'pose of business or pleasure, and also all
hackney coaches, carriages, carts, drays, omnibuses, wagons and
other vehicles, kept for liiie or hired in said city, and also to
license and regulate the (■iiij)loyment of all hackmen, draymen,
wagoners, carters, porters and wat(!rmen, plying for hire within
the limits, and to pass all necessary and projx'r regnlations re-
specting the same; provided, however, llial all revenue arising

from said licenses shall be applied to the paving or repaying of
the public highways of the city. Every carriage, coach or other
vehicle moved by horses or other animal power, which shall
be used for the conveyance of persons within the city of Balti-
more for hire or compensation, shall be deemed a hackney
carriage. To regulate the breadth of the wheels of wagons,
carts and drays to be used for hauling burdens on the streets
of said city, but such regiTlations shall not affect persons hauling
produce to said city.

' Vansant v. Harlem Stage Co., 59 Md. 330. State v. Rowe, 72 Md.
552. Mason v. Cumberland, 92 Md. 451.

(3) CHIMNEYS,

p. L. L., (1860) Art. 4, sec. 150. P. L. L., (1888) Art. 4, sec. 148.

To license and regulate the sweeping of chimneys and fix
the rates thereof, and to regulate the sweeping of any chim-
ney by the neglect of which the city may be endangered, and
to ascertain and regulate the width of those to be built in the
city.

(4) COI^DEMNATIO:^ OF PKOPEKTY.

1892, ch. 307. P. L. L.. (1888) Art. 4. sec. 14Sa. 1906, cli. 397. 1906. ch.

402. 1908, ch. 166.

To acquire by purchase or condemnation any land or any
interest therein which it may require for school-houses, engine-
houses, court-houses, markets, streets, bridges and their ap-
proaches, the establishment or enlargement of parks, squares,
gardens or other public places, the establishment of esplanades,
boulevards, parkways, park grounds or public reservations,
around, adjacent, opposite, or in proximity or leading to any
public building or buildings, or which it may require for any
other public or municipal purpose ; and also any and all land
and property or interest in land and property adjoining and
extending such distance as may- be adjudged necessary from
any property in use or about to be acquired for such esplanade,
boulevard, parkway, park grounds or public reservation, as
aforesaid, the use of which said adjacent property it may be
deemed necessary or beneficial to subject to lawful restrictions
or control, in order to better protect or enhance the usefulness
of such public building or buildings, or in any manner to pro-
mote the interests of the public therein, or to more fully
effectuate the purposes ol the establishment of such esplanade,
boulevard, parkway, park grounds or public reservations ; and
to sell thereafter such adjacent lands or property, subject to
such reservations or restrictions as to the subsequent use thereof,

as may appear advisable for the protection of such public build-
ing or buildings, or for enhancing the usefulness thereof, or
in any manner to promote the interests of the public therein,
or for better insuring the protection or usefulness of such
esplanade, boulevard, parkway, park grounds or public reserva-
tions, or in any manner to better accomplish the purposes and
serve the public interests for which they shall have been or
shall be established. The Mayor and City Council of Baltimore
may prescribe the procedure for condemnation of any land
or property situated wholly within the City of Baltimore, which
under the foregoing provisions it is authorized to condemn,
but such procedure as the said Mayor and City Council of
Baltimore may adopt shall include provision for reasonable
notice to the owner or owners, and for appeals to the Balti-
more City Court by any person interested, including the Mayor
and City Council of Baltimore, from the decision of any com-
missioners or other persons appointed to value any such land or
property, or interest therein, Nothing herein contained shall
be construed as depriving the city of any power of condemnation
for any purpose already vested in it. The Mayor and City
Council of Baltimore shall have full power and authority to
provide by ordinance for ascertaining whether any and what
amount of benefits will accrue to the owner or possessor of any
ground or improvements within the City of Baltimore by reason
of the establishment or enlargement of any parks, squares, gar-
dens, esplanades, boulevards, parkways, park grounds, public
reservations or other public places, for which said owner or
possessor ought to pay compensation, and to provide by ordi-
nance for assessing or levying the amount of such benefits on
the property of persons so benefited ; provided, that provision
is made therein for reasonable notice to the person or persons
against whom sucli benefits are to be assessed, and provided
that provision be made for appeals to the Baltimore City Court
by any person or persons interested, including the Mayor and
City Council of Baltimore, from the decision of any board,
commissioners or other persons appointed or authorized to assess
such benefits.

f)'I{rioii V. P.altiiiKirc licit U. K. Co.. 74 .Md. :',"}. (Uurk v. M.iyor,
Vic. T'.iilto.. SI M(l. :>,-[-,.

W'hdrcc.t (1)1(1 IJocLh: ("oiKk'iiiiiat ioii ol' wliiirt'iif,'!' mid (l(ickii;;i' rij,'lits.
\'!i I nation of franchise riplit of wharfafje, rif^^lit of appcllanls to dock
its own vessels at its wliarf an<l the iif,'ht of aceess to sueh wliarf over
njiviyahle water. Ileltl tliat it is impossible to sef^reyate these elements
for jtnrposos of valuation separately in the condemnation of same for
Iiulilif inijirovements.

Mayor iV C. ('. of i'.alto. v. IJalto. A: I'hila. Steanihoal Co., 101 Md. ISG.

Condemnation of Property: In this connection, see also Baltimore v.
Rice, 73 Md. 307; Van Witzen v. Gutman, 79 Md. 411; Shanfelter v.
Mayor, etc., SO Md. 483.

For recent cases relative to parties entitled to compensation when
land is condemned for municipal purposes, see,

Mayor, etc. Hagerstown v. Groh, 101 Md. 560. Baltimore City v.
Latrobe, 101 Md. 625.

Mere inconvenience of access, or mere diminution of light and air to
propei'ty does not constitute a "taking" within the meaning of the
Constitution. Such injury to come within the constitutional provision
must be such as to amount to their substantial destruction.
Baltimore v. Bregenzer, 125 Md. 78.

Condemnation proceedings for water supply.

Brack v. Baltimore, 125 Md. — .

A dedication of land to public use may be revoked before acceptance
by an exclusive and adverse possession thereof by the owner.
Canton Co. v. M. & C. C, 106 Md. 69.

In condemnation proceedings under the Annex Improvement Act of
1904, property liable for benefit assessment in street openings, even
though the Act provides a loan out of which expenses of condemnation
may be defrayed.

Lauer v. M. & C. C, 110 Md. 447.

In street condemnation proceedings the preliminary plat showing
property to be taken need not show a portable building.
Whiteley v. M. & C. C, 113 Md. 541.
Street held not to be dedicated to public use.

Bloede v. M. & C. C, 115 Md. 594.

Merely because parties may receive from the closing of a street more
direct benefits than the public at large, it does not follow that the
closing of the street is for private and not for public benefit.
M. & C. C. V. Brengle, 116 Md. 342.

The principle that damages are not ordinarily recoverable for an
injury to adjacent land caused by a lawful change in the grade of a
public highway is confined to cases in which no part of the abutting
property is taken and where any land is taken in a street condemnation,
the "just compensation" required to be paid under the Constitution
must include not only the value of the land condemned, but also a due
allowance of damages for injury to the remainder.

M. & C. C. V. Garrett, 120 Md. 60S.

When the erection of a structure in a public street cuts off the light
and air, and the ingress and egress to and from a building abutting on
said street, it amounts to a taking of property even though there has
been no actual physical invasion.

Walters v. M. & C. C, 120 Md. 644.

Where a deed merely describes the land conveyed as abutting on a
street which was only referred to once, and whose width is not given,
and where there was no evidence of any dedication, it was held that no
dedication could be presumed from the deed.

M. & C. C. V. Yost, 121 Md. 366.

The fact that Chapter 110 of the Acts of 1910, authorizing the con-
struction of the Fallsway, provided a fund to meet the cost and expenses

of the improvement, had no effect on the po^A•er of the city and the
Commissioners for Opening Streets to assess benefits.

P. B. & W. R. R. Co. V. M. & C. C, 121 Md. 504.

The Fallsway having been constructed under the special authority of
Chapter 110 of the Acts of 1910, there was no legal necessity of giving
the notice required by Section 828 of the Charter, in order to render
benefit assessments valid.

Safe Deposit & Trust Co. v. M. & C. C, 121 Md. 522.

The "just compensation" required by the Constitution to be paid when
private property is taken for public use, includes not only the value of
the part of the lot condemned, but also a due allowance for damages for
any injury done to the remainder.

M. & C. C. V. Megary, 122 Md. 20.

In condemnation proceedings to close a street, damages cannot be
legally demanded for consequential injuries to property that is several
squares distant from the street closed and which has means of ingress
and egress independent of the street closed.

German Lutheran Church v. M. & C. C, 123 Md. 142.

In condemnation proceedings to open a public street, the question of
whether the permanent grade should not be established before the
assessment of benefits is one within tl'e iurisdiction of the Baltimore
City Court, with the right of an appeal from its decision to the Court
of Appeals.

M. & C. C. V. Johnson, 123 Md. 320.

When an assessment for benefits for the opening of a street has been
made before the fixing of the grade, on appeal to the Baltimore City
Court, a prayer instructing the jury that there is no evidence in the
case legally sufficient to justify an asses.sment of benefits against the
property is proper.

Patterson, et al. v. M. & C. C. 124 Md. 153.

When a street is dedicated to the public merely by deeds and plats of
the grantee and has never been expressly or by implication accepted by
the public authorities or ever used as a street for over sixty years after
such deeds were recorded, and where the ground so dedicated had never
been paved or lighted but had been enclosed by a fence and leased out
and used by private parties, and for over tliirty yenrs flio inihlic authori-
ties had assessed and collected taxes on the property, it was held that the
city was estopped from asserting any rights over the property or from
accepting the dedication.

M. & C. C. v. Canton Co., 124 Md. 020.

Where in a conveyance of land the description is by reference to
streets designated as sucli in the conveyance or on a map made by the
city or by the owner of the property, there is an implied covenant that
the purchaser shall have the use of such streets, and such conveyance
is evidence tending to establish a dedication of the streets so referred
to, if at the time of the deed the title in the beds of the streets was in
the grantor.

P. B. & W. R. R. Co. v. M. & C. C, 124 Md. G35.

The city has no power to assess benefits which materially amount to
more than the aggregate of damages and expenses, and It Is the duty
of the Commissioners for Opening Streets to (li'iluct ilic excess, if ilicy
find such, pro rata.

Md. Trust Co. v. M. & C. ('.. ILT) M-l. Id.

12
(5) FIRE.

p. L. L., (1860) Art. 4, sees, 29, 30, 236-238, 249. 1878, cli. 120.
1884, ch. 312. 1886, eh. 463. 1888, ch. 393. P. L. L., (1888) -
Art. 4, sees. 312-315C, 324, 328. 1894, ch. 190.

To establish and regulate fire wards and fire companies, and
all matters pertaining to the prevention and extinguishment of
fires. To appropriate a sum of money annually for the relief
of disabled and superannuated firemen, for the relief of the
widows and children of firemen who have been killed in the
discharge of duty, and to provide by general ordinance for
giving pensions to employees of the Baltimore Fire Department
who may become unable to perform further service, by reason
of age, or other physical or mental disabilities. To retire from
office in the Fire Department any permanent or called member
thereof who has become permanently disabled while in the actual
performance of duty, or has performed faithful service in the
department for a period of not less than twenty consecutive
years, and placing the member so retired upon a pension roll,
the amount of annual pension to each pensioner to be an amount
equal to one-half the yearly amount then being received by
him, for service in said department at the time of such retire-
ment, per annum, payable in monthly installments. To appro-
priate annually such sums of money as shall be sufficient to
pension all such members of the Fire Department as shall be
upon the pension roll. To regulate the evil and pernicious prac-
tice of firing or discharging crackers within the limits of said
city, either by prohibiting sale of the crackers or otherwise. To
erect and provide magazines for the storage of gunpowder
brought to the city and to compel the storage of same therein,
and to regulate the price of said storage. To regulate the
storage of naval stores and other combustible matter in such
quantities or in such places in the city as may be deemed dan-
gerous. To provide for the inspection of oils or fluids made
from petroleum or its products, to be used for illuminating
purposes, offered for sale in the City of Baltimore, and for the
appointment of inspectors for that purpose, and to impose such
fines and penalties as it may deem necessary and proper in the
premises. To fix by ordinance the standard or flashing point of
oils, or fluids made from petroleum or its products, used for
illuminating purposes, and offered for sale in said city, and to
provide for the inspection of the same, and for the appointment
of inspectors for that purpose.

Where a municipality furnishes water gratuitously to be xised in
extinguishing fires it acts in a governmental capacity and is not liable
for negligence in connection with its water works.

Wallace v. Baltimore, 123 Md. 638.

(6) FISH.

To regulate the sale or disposition of fish within the limits
of the City of Baltimore; to impose fines or penalties for the
violation of any regulation it may establish.

(7) FRUITS, MEATS, VEGETABLES AND OTHER

ARTICLES.

p. L. L., (1S8S) Art. 4, sec. 646A. 1890, ch. 100.

To license and regulate the sale of fresh fruits, meats, vege-
table and all other perishable articles in the City of Baltimore.

(8) HARBOR, DOCKS Al^D WHARVES.

p. L. L., (1860) Art. 4, sees. 263, 264, 265, 266, 271, 272, 793, 794, 796,

944, 945. 1880, ch. 418. 1884, ch. 230. 1884, ch. 309.

1888, ch. 261. P. L. L., (1888) Art. 4, sees. 343,

344, 346-350, 355-357, 367-368. 1908,

ch. 148. 1912, ch. 32.

1914, ch. 144.

To provide for the preservation of the navigation of the
Patapsco River and tributaries, including the establishment
of lines throughout the entire length of said Patapsco River
and tributaries, beyond which lines no piers, bulkheads, wharf,
pilings, structures, obstructions or extensions of any character
may be built, erected, constructed, made or extended ; to provide
for improving, cleaning and deepening said river and tribu-
taries, and the removal therefrom of anything detrimental to
navigation or health ; to provide for and regulate the stationing,
anchoring and moving of vessels or other water craft, and to
prevent any material, refuse or matter of any kind from being
thrown into, deposited in or placed where the same may fall,
or be washed, into said river or tributaries ; to make surveys or
charts of the Patapsco River and tributaries, and to ascertain
the depth and course of the channels of the same; and when
necessary in its judgment, to affix buoys or water marks for
facilitating and rendering more safe the navigation thereof ; to
erect and maintain and to authorize the erection and main-
tenance of, and to make such regulations as it may deem proper,
respecting wharves, bulkheads, piers and piling, and the keep-
ing of the same in repair, so as to prevent injury to navigation
or health; to regulate the use of public wharves, docks, piers,
bulkheads or pilings, and to lease or rent the same, and to
impose and collect dockage from all vessels and water craft lying
at or using the same, and to collect wharfage and other charges
upon all goods, wares, merchandise or other articles landed at.

shipped from, stored on or passed over the same ; to provide
for the appointment of such officers aud employees as may be
necessary to execute the aforegoing powers and to impose lines
or penalties for a breach of any ordinance passed in conformity
herewith, said fine not to exceed two hundred dollars ($200)
for any one offence. Provided, however, that, except in regard
to docks or wharves owned by the Mayor and City Council of
Baltimore, nothing contained in this Act shall be construed to
impose any duty upon the Mayor and City Council of JJalti-
more to any person or corporation using said river, or any of
its tributaries, in regard to the safety thereof, or to render the
said Mayor and City Council of Baltimore liable for any loss
of life, or injury or damage to person or property, by reason
of any obstruction in, or unsafe condition of, any part of said
river, or of said tributaries or branches, or either of them.
Nothing contained in this Act shall be so construed as to render
the City of Baltimore, or any of its officers, liable in damage
or otherwise to any person or persons, or corporations, for any
omissions to pass any ordinance, regulation or resolution pur-
suant to the provisions hereof, or for a failure to enforce the
same.

Classen v. Chesapeake, SI Md. 258. M. & C. C. of Balto. v. St. Agnes
Hospital, 48 Md. 419. Harrison v. Sterrett, 4 H. & McH. 540. Girauds'
r.essee v. Hughes, 1 G. & .T. 249. Dugan v. Mayor, 5 G. & J. 357. Ber-
nard V. Torrence, 5 G. & J. 394. Wilson v. Inloes, 11 G. & J. 351. Casey's
Lessee v. Inloes, 1 Gill 430. Mayor, etc. v. White, 2 Gill 444. The wharf
case, 3 Bland 361. Baltimore v. McKim, 3 Bland 453. Hammond's
Les.see v. Inloes, 4 Md. 138. Patterson v. Gelston, 23 Md. 443. Broad-
way, etc. Co. V. Hankey, 31 Md. 346. Page v. Mayor, .34 Md. 558. Gar-
rittee v. Mayor, 53 Md. 422. McMurray v. Mayor, 54 Md. 103.

Actional negligence cannot be injputed to the city for mistake of
judgment, or even negligence, of its officers in performing govern-
mental function of selecting a place for the loading of explosives, from
which it derives no profit.

Foard Co. et al. v. State of Md. etc., 219 Fed. Kept. 827.

The one subject of an act being the charter powers and obligations of
the city, an act repealing and re-enacting several sections of the City
Charter is not invalid under Section 29 of Article 3 of the State
Constitution.

Foard Co. et al. v. State of Md. etc.. 219 Fed. Rept. 827.

(9) HEALTH.

p. L. L., (1860) Art. 4, sec. 797. 1886, ch. 396. 1890, ch. 509.
P. L. L., (1888) Art. 4, sees. 378 and 400.

To preserve the health of the city. To prevent and remove
nuisances. To prevent the introduction of contagious diseases
within the city, and within three miles of the same upon land.

and within fifteen miles thereof upon the navigable waters lead-
ing thereto. To regulate the places of manufacturing soap and
candies, the erecting of slaughter houses and distilleries, and
where every other oifensive trade may be carried on. To regu-
late the construction, care, use and management of tenement
houses, lodging houses and cellars in the City of Baltimore, for
the better protection of the lives and health of the inmates dwell-
ing therein.

Harrison v. Mayor, &c., 1 Gill 264. Mayor v. Brannan, 14 Md. 227.
N. C. Ry. Co. V. Baltimore, 21 Md. 105. Altvater v. Baltimore, 31 Md.
466. Mayor, &c., v. Radecke, 49 Md. 217. Boelim v. Mayor, &c., 61
Md. 259. State v. Mott, 61 Md. 297. Deems v. Mayor & C. C. of Balto.,
SO Md. 170. Cochrane v. Frostburg. 81 Md. 54. Hagerstown v. Witmer,
86 Md. 293. Balto. v. Fairfield Improvement Company, 87 Md. 352.

Decisions Defining the Powers of a Municipal Corporation in Relation to
Public Health, Safety and Similar Police Powers.

HEALTH ORDINANCES.

Poiver of Municipal Corporation to pass same. It is not for Courts of
Justice to say that a given enactment passed by the Legislature in virtue
of the police power, and having a direct relation to it is void for unrea-
sonableness; but whenever power has been delegated by the Legislature
to a municipal corporation to adopt and promulgate ordinances for the
protection of the public health, morals or safety, the reasonableness of
the measures enacted by the municipality is a feature to which the
courts look to see whether the measure is within the power granted.

State v. Hyman, 98 Md. 618.

INFECTIOUS AND CONTAGIOUS DISEASES.
Small Pox. Expenses of Disinfection.

See, Harrison v. Mayor, 1 Gill 264.

NUISANCES GENERALLY.
There is no prescriptive right to maintain a public nuisance.
P. W. & B. R. R. Co. v. State, 20 Md. 1.57. N. C. Ry. Co. v. Balti
more, 21 Md. 105.
As to duty of City to prevent public nuisances, see,

Mayor v. Brannan, 14 Md. 227.
A private individual cannot maintain an action for damages resulting
from a public nuisance unless he suffers some special injury. The remedy
is by indictment.

Harrison v. Sterrett, 4 H. & McH. 550.
A municipal corporation, without any general laws, either of the City
or of the State, within wliicli a given structure can be sliown to bo a
nuisance, cannot by a mere declaration that it is one, subject it to
removal by any person supposed to be aggrieved, or even by the city
itself.

New Windsor v. Stocksdale, 95 Md. 215.
The municipality cannot. l)y merely declaring a structure over n
(iedi>ale(l alley not yet occupied liy it. a nuisance, remove fbe smiiic. but
the fact that it was a nuisance should have been lirst establislied lieroie
a court of competent jurisdiction.

Frostburg v. Ilitchlns, 99 Md. 617.

Particular Nuisances.
Batvdy House. A bawdy house is a public nuisance which may be
eiijomeci if a continuing nuisance and in addition a suit for damages will
lie for the depreciation of property resulting from its maintenance.
Hamilton v. Whitridge, 11 Md. 143.
nridffe. When a defective bridge may be a nuisance, —

-See, P. W. & B. R. R. Co. v. State, 20 Md. 157.
liuildings. A dilapidated building or wall, menacing the users of the
street, is a nuisance.

Murray v. McShane, 52 Md. 217.
Cattle running at Large, See,

Cochrane v. Frosthurg, SI Md. 54.
Cess-pools in Toicns. See,

Sprigg V. Garrett Park, 89 Md. 410.
Coasting in Streets or on Sidewalks. When a nuisance which city is
bound to prevent; see,

Altvater v. Mayor, 31 Md. 466. Taylor v. Cumberland, 64 Md. 6S.
Dogs Running at Large. Validity of ordinances providing for killing
of same sustained.

City of Hagerstown v. Witmer, 86 Md. 293.
Drains. Overflow from drains flooding lands, see,

Guest V. Commissioners of Church Hill, 90 Md. 689.
Elevated Structures. Not necessarily a public nuisance, see,
Garrett v. Lake Roland Elv. R. R. Co., 79 Md. 286.
Fertilizer Factory. When a nuisance. Prescriptive right where plain-
tiff "came to the nuisance," discussed.

Susquehanna Fertilizer Co. v. Malone, 73 Md. 268.
Ice on Footways. Duty and liability of municipality arising therefrom
discussed. Baltimore v. Marriott, 9 Md. 174.

Lime Kilns. A particular use of property declared a nuisance by an
ordinance of a municipal corporation, did not make such use a nuisance,
unless it be so in fact, according to the common law or statutory defini-
tion of a nuisance.

State V. Mott, 61 Md. 259.
Livery Stable. Declared not to be a nuisance per se, but may become
so by its construction or use.

Commissioners of Easton v. Covey, 74 Md. 262. Metropolitan Savings
Bank v. Manion, 87 Md. 68. Gallegher v. Flury, 99 Md. 187.

A stable for horses is not a nuisance per se, and the erection of one
will not be enjoined merely because it may become one from the way it
may be managed.

King v. Hamill, 97 Md. 107.
Markets. Duty of City to prevent nuisances in markets. Hole in
market place. Mayor v. Brannan, 14 Md. 227.

Navigable Waters. Obstruction of navigable waters of Patapsco by
deposits of mud and sediments.

Garrittee v. M. & C. C. of Baltimore, 53 Md. 422.
Noxious Gases from Fertilizer Factories, see.

Fertilizer Co. v. Spangler, 86 Md. 562.
Obstructions in Public Streets, constitute a public nuisance and the
remedy is by indictment.

Fort V. Graves, 29 Md. 188. Houck v. Wachter, 34 Md. 265.

Offensive Trades. Rules for determiuing when they .constitute a
nuisance.

Horner v. State, 49 Md. 277.
As to whether noises, smell and the like physical discomforts arising
from the prosecution of a commendable and necessary trade or business
will be treated as constituting a nuisance, see,

Gibbons v. Becker, Daily Record, February 21, 1893. Cf., Berge v.
Baltimore Cemetery Co., Daily Record, October 26, 1889.
Pest Houses. Leprosy, when a nuisance, see,

Baltimore City v. Fairfield Imp. Co., 87 Md. 352.
Privies. When a nuisance, see,

Boehm v. Baltimore, 61 Md. 259.
Authority of State Board of Health to compel installation of sewers
in various counties of State and in Baltimore City.

Welch, et al. v. Coglan. et al.. Daily Record, April 21, 1915.
Shade Trees. Not removable by a municipal corporation unless they
constitute a nuisance.

Frostburg v. Wineland. 98 Md. 239.
Slaughter Houses. Blood, ofCal and refuse from slaughter houses let
hito a mill race rendering water offensive and impure constitute a public
nuisance. Woodyear v. Henry Schaefer, 57 Md. 1.

Smoke, Noxious Vapor, etc. Smoke, noxious vapor, noise and vibra-
tion in-oductive of active physical discomfort and rendering one's habi-
tation unfit and unsafe is a nuisance, though the business may be lawful.

Dittman v. Repp, 50 Md. 516.
Smoke, Noise, Tihration. Smoke, steam and cinders from a chimney;
when a nuisance, see,

Lurssen v. Lloyd. 76 Md. 360. Euler v. Sullivan, 75 Md. 616.
Steam Boiler. Not a nuisance per se. An ordinance committing to an
official the power to declare a steam boiler a nuisance and to demand its
removal without a provision to determine whether it is a nuisance in
fact, is void. Baltimore v. Radecke, 49 Md. 217.

Toll Gate. A toll gate upon a highway unauthorized is a public
nuisance. Schall v. Nusbaum, 56 Md. 512.

(10) HOSPITALS.

p. L. L., (1860) Art. 4, sec. 31. P. L. L., (1888) Art. 4, sec. 409.
To erect or establish houses of correction, ahiishonses, refor-
matories, hospitals or pest-houses, within or without the city,
if necessary, and make all regulations for the government of

the same.

Baltimore City v. Fairfield Imp. Co., 87 Md. 352.

(11) INSPECTIONS.

I'. L. L., (1S60) Art. 4. sees. 28, 942. 943. P. L. L., (1888) Art. 4, sees.
425-427. 1894, ch. 53. 1896, ch. 273.

To establish and regulate inspections within the city. To

make the standard of weights and measures the same iu the

City of Baltimore as in the rest of the State, and rufm-c tlio

same by inspection. To regulate and fix the assizing of bread.
To provide by ordinance for the proper inspection of milk or
any and all other food products oifered for sale in the City of
Baltimore or intended for consumption therein ; to make and
from time to time to alter such regulations in regard to the
sale of milk or any or all other food products as to it may seem
necessary to protect the public health ; and to provide by fine of
not more than one hundred dollars for each ofTense for the
punishment of violations against such regulations and ordi-
nances ; to provide for such number of inspectors or analysts
as it may deem necessary, and to fix their duties and compen-
sation, and from time to time change the number, duties and
compensation of said inspectors and analysts. To provide by
ordinance for the proper inspection of all bakeries, bake shops,
candy factories, confectioneries, or other places for the manu-
facture of bread, cakes, confectionery and similar food products,
for the purpose, more especially, of ascertaining their sanitary
condition and cleanliness, and for the purpose of ascertaining
the purity, healthfulness and wholesomeness of the flour, sugar,
butter, lard and other ingredients used in making such
bread, cakes, confectionery and other articles of food offered
for sale in the City of Baltimore, or intended for consumption
therein; to make and from time to time alter such regulations
or ordinances in regard to the sale of said food products as to it
may seem necessary to protect the public health, and to provide
by fine of not less than twenty dollars nor more than one hun-
dred dollars for each offense for the punishment of violations
against such regulations and ordinances; to provide for such
number of inspectors and analysts as it may deem necessary,
and to fix their duties, qualifications and compensation.
State V. Broadbelt, 89 Md. 565.
As to power to regulate inspection of millv, see^

Deems v. Mayor & C. C. of Balto., SO Md. 164.

(12) JAIL.

1S6S, ch. 3. P. L. L., (1888) Art. 4, sec. 536.
To own, regiilate and control the Jail of Baltimore City.

(13) JO^TES' FALLS.

1864, ch. 163. 1870, ch. 115. 1870, ch. 113. P. L. L.. (1888) Art. 4,

sees. 574-578, 581, 582.

To make such improvements in connection with Jones' Falls
as in its judgment are desirable, and for this purpose to change
the course, lines and boundaries of said stream, in whole or

part ; to widen and deepen the same ; to lay out and construct
on the sides and adjacent to said stream, streets, avenues and
wharves.; to construct all such sewers and drains in said city as
shall be deemed requisite in connection with said improvement ;
and generally to do all such things, and exercise all such powers,
as, in its judgment, shall be necessary to be done and exercised
for the accomplishment of any plans for the improvement of
Jones' Falls which have been or may be adopted by it. To have
power at any time to acquire all property of every kind and
description which may be necessary or advisable, in its judg-
ment, to acquire, for the accomplishment of the purposes men-
tioned, and shall moreover have full power to provide for the
ascertainment of the value of all property and rights of prop-
erty which it is thus authorized to acquire, and to ascertain
whether any and wiiat amount, in value, of damages will be
caused by the construction of the aforesaid works of improve-
ment in connection with Jones' Falls, or any of them, to the
owner or possessor of any property, or rights of property, within
the said city, for which the owner or possessor ought to be com-
pensated, and to ascertain what amount of benefits will be caused
by the construction of the aforesaid works of improvement, or
any of them, to the owner or possessor of any property or rights
of property, for which said owner or possessor ought to pay a
compensation, and to provide for assessing or levying, either
generally on the whole assessable property of the city, or especi-
ally on the property of persons benefited, the whole or any
part of the damages and expenses which it sliall be ascertained
will be incurred in constructing such works in connection with
the improvement of Jones' Falls, as it has determined or shall
determi]ie to make. To provide for granting appeals to Balti-
more City Court from the decision of any Commissioners, or
other persons appointed by virtue of any ordinance, to ascertain
the value of the property which the city may wish to acquire foi-
the purposes aforesaid, or the damages which will be caused,
or the benefits which will accrue, by the construction of the
aforesaid works of improvement, and to secure to every owner
or possessor of any property, or right of property, which it may
thus purpose to acquire, or which may thus be decided to be
damaged or benefited, the right on application within a time to
be prescribed by ordinance, to have decided by a jury trial, the
true value of the property proposed to be acquired for the ])ur-
poses aforesaid, and whether any and what damage will be
caused, or any and what benefits will accrue to the owner ni-
possessor of the property so assessed for damages or bcnclils

respectively, and to provide for collecting and paying over the
amount of compensation adjudged to each person entitled, or
invest it in the stock of the said city, for the use of the person
so adjudged to be entitled to the same, and to provide for col-
lection, by the sale of the property assessed, or otherwise, of all
sums assessed as benefits aforesaid, and generally to enact and
pass all ordinances, from time to time, which shall be deemed
necessary and proper to exercise the powers and effect the objects
for the exercise and accomplishment of which this paragraph of
this section is passed. To define and locate the limits of J ones'
Falls within the City of Baltimore, and to acquire by purchase
or condemnation, under proceedings for which provision is made
in this Article, the absolute and exclusive right and title to
all the land and rights of property embraced within the said
limits, and in the ground covered by all streets or avenues which
it may lay out and condemn on the sides of the stream, and it
shall have an estate in fee simple in the same. It shall have
power and is authorized to construct wharves or quays along
the margin of said stream, or use the said streets or avenues for
wharf or quay purposes, and collect tolls or wharfage from all
vessels or boats using the same. To make such changes in the
grades of the streets in the City of Baltimore as shall, in its
judgment, be necessary for the proper construction of works
connected with the improvement of Jones' Falls, which it may
determine to construct, and it shall not be necessary, in order to
make such changes in the grades of streets, to obtain the consent
of any of the proprietors of the ground fronting on said streets,
or affected by such changes. To make such provisions as it
shall deem best for defraying the cost of grading and paving
of any streets or avenues which it may lay out and condemn
along the margin or side of Jones' Falls. To issue bonds to an
amount not exceeding two million five hundred thousand dollars,
from time to time, as the same may be required in the course of
the construction of the works connected with the improvement
of Jones' Falls, for the construction of which provision is made
by the ordinance of the Mayor and City Council of Baltimore,
entitled ''An ordinance to provide for the improvement of
Jones' Falls within the limits of the City of Baltimore, and to
open avenues and construct sewers on the borders thereof," the
said bonds to be issued in sums of not less than one hundred
dollars each, redeemable in thirty years, and bearing interest
at 6 per cent, per annum, payable quarterly, transferable as
other city bonds, as provided in sections one and two of an
ordinance of the Mayor and City Council of Baltimore, entitled

"An ordinance to authorize the issuing of bonds of the City of
Baltimore, for the purpose of providing means for the improve-
ment of Jones' Falls," approved January 31, 1870; provided
that said bonds shall not be issued unless the last mentioned
ordinance shall be approved by the votes of a majority of the
legal voters of the said city, cast at the time and places provided
for in the last mentioned ordinance. To compel any indi-
viduals, companies or bodies politic, owning property binding
on Jones' Falls, within the limits of the city, to wall up such
property, so far as the same may bind on the falls, with a good
and sufficient stone wall, to such height as in its judgment the
public good may require, and to have the same backed up or
filled in with earth, so as to secure the same and the adjacent
property from danger of being inundated with water ; and when-
ever it may deem necessary, to compel individuals, companies
or bodies politic, to rebuild or repair, in a good and sufficient
manner, any stone wall owned by them and binding on Jones'
Falls within the limits of the City of Baltimore; and should
any individuals, companies or bodies politic neglect or refuse
to wall up Jones' Falls, rebuild or repair any such wall within
the limits of the City of Baltimore, when required so to do, the
said city may cause the same to be done, and it is authorized and
empowered to recover the cost of such wall, rebuilding or repair-
ing, by suit at law, from the party who may have refused or
neglected to build, rebuild or repair such wall ; and the cost of
such wall shall be a lien on the property so walled up or re-
paired.

M. & C. C. of Baltimore v. Lefferraan, 4 Hill 425. Merrick v. Mayor,
4.S M(l. 219. Mayor, etc., v. MusRrave, 48 Md. 272. GresK v. Mayor,
56 Md. 256. f^ee Norwood v. Balder, 172 U. S. 83.

In Lefferman's case above cited, it was held that Act 1S21, ch. 2.52 on
same subject was unconstitutional, because it imposed the whole ex-
pense of a public improvement on the individual immediately benefited.

But all the expense of constructing sidewalks may be imposed on
abutting property.

Hyattsville v. Smith. 105 Md. 318. Bassett v. Ocean City, 118 Md. 114.
Chicago V. Janesville, 28 L. R. A. (New Series), 1125 and notes.

See Act 1910, ch. 110, quoted in sees. 826p., S26q., 826r., S2(;s. and
826t.

(14) LICENSES.

p. L. L., (1860) Art. 4, sec. 27. 1878, ch. 414. 1888, ch. 495.
P. L. L., (1888) Art. 4, sees. 654, 657, 658, 664.
To license, tax and regulate all businesses, trades, axocal ions
or professions. To license, regulate, ta.x or suppress hawkers,
peddlers, brokers, pawnbrokers, intelligence offices, street exhibi-
tions or fortune-tellers.

state V. Applegarth, 81 Md. 293. Salfner v. State, S4 Md. ".01. Gain-
bridge V. AVater Co., 99 Md. .501.
See cases under "Markets."

(14a) LIBRAEIES.

1908, ch. 144.

The Mayor and City Council of Baltimore is authorized and
empowered to appropriate and pay over such sum or sums, as
it shall from time to time deem proper, for the equipment, main-
tenance or support of the Enoch Pratt Free Library of Balti-
more City, or of any other free public library in Baltimore City,
or of the branches of the Enoch Pratt Library of Baltimore
City, or of any other free public library in Baltimore City, pro-
vided, that the title or ownership of the property of every such
library or branch is vested in the said Mayor and City Council
of Baltimore.

(15) MARKETS.

P. L. L., (1860) Art. 4, sees. 631, 635, 638, 639, 640, 651. P. L. L., (ISSS)
Art. 4, sees. 671, 675, 678, 679, 680, 691.

To erect, regulate, control and maintain markets and stalls
within the City of Baltimore, and to regulate and control the
sale of all goods, wares, merchandise and other articles therein.
To lease, sell or dispose of any stalls or stands in any market,
in such manner and upon such terms as it may think proper.
To contract for, purchase, lease and hold to it and its successors,
in fee simple, or for a term of years, renewable from time to
time forever, any lands, tenements, and their appurtenances in
the vicinity of any market for the purpose of extending same.
To condemn any land or other property or any interest in land
or other property for market purposes in the mode provided in
this Article. To levy and collect all costs, damages and expenses
incurred by the condemnation proceedings aforesaid. The clerks
of the markets shall have full power and authority to seize by
distress any meats, vegetables or other articles upon any stall
or stand in the market-houses of the City of Baltimore, if the
person or persons owning such stall or stand shall not pay
the rent due thereon, and they shall also collect all fines and for-
feitures imposed by this Article or ordinances relating to mar-
kets, and account for the same to the Mayor and City Council
of Baltimore. To levy and collect all the costs, damages and
expenses awarded in any condemnation proceedings provided for
in this Article, for the extension or construction of any market
or markets in the City of Baltimore.

State V. Rowe, 72 Md. 548.

Mayor v. Brannan, 14 Md. 227. Hatch v. Prendergast, 15 Md. 251.
Musgrave v. Staylor, 36 Md. 124. Rose v. Mayor, 51 Md. 256. Border
State Savings Bank v. Wilcox, 63 Md. 525. Green v. Western Nat. Bank,
86 Md. 290. Pfeflferling v. Balto. City, 88 Md. 475. Cambridge v. Water
Co., 99 Md. 503. -See Baltimore City Code (1879), page 622, note.

Market Stalls. The right to lease the stalls and stands in any market
in any manner, and for any term they may think proper is an exercise
of municipal powers not in express terms, nor by fair or reasonable in-
tendment, conferred upon the Mayor and City Coimcil of Baltimore by
sections 671 and 678 of Article 4, Code Public Local Laws (now
sec. 6. title "General Powers," sub-title "Markets," of the City Charter).

M. & C. C. of Balto. V. Grieves, Daily Record, September 14, 1892.

Since new Charter giving right to license, tax and regulate no objec-
tion to license or tax that it produces more money than needed for regu-
lation.

Meushaw v. State. 109 Md. 84. City v. Wollman. 123 Md. 310.

City may permit part of the street to be used for market stalls.
State V. Burkett, 119 Md. 609.

Right to use and occupy a market stall is an easement which may be
transferred by Bill of Sale.

Goldberg v. Novichow, 113 Md. 29.

City has power to regulate the charges for market stalls. Is an ad-
ministrative and not a legislative function. The regulation must not
impair the obligations fixed by contract.

Baltimore v. Wollman, 123 Md. 310.

(15A) MUNICIPAL FERKT.

1912, ch. 32.

To establish, own and operate a municipal ferry across the
northwest branch of the Patapsco River from some point or
points on the north side thereof to some point or points on the
sonth side thereof, and to acquire for that purpose, by purchase,
condemnation or otherwise any boats or ships, landings or other
property that may be necessary for that purpose, and to fix the
ferry rates or charges thereof.

(IG) PARKS.

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 705. 1896, ch. 366.

To establish, maintain, control and regulate parks or squares
in the City of Baltimore, for the recreation and benefit of its
citizens. The resolution of the Mayor and City Council of Bal-
timore, appointing a commission in relation to the proposed
public parks, approved June 4, 1800, and the ordinance of the
Mayor and City Council of Baltimore, to provide; for a public
park or parks, approved June 21, 18G0, are confirmed; and all
acts done, or which may hereafter be done, by the said Mayor
and City Council of Baltimore, or the ofiicers of said city, or the

Park Commission acting under the provisions of the said resolu-
tion and ordinance, shall have the same effect as if the said
jMayor and City Council of Baltimore, prior to the passage of
said resolution and ordinance, had been expressly empowered,
by Act of the General Assembly, to enact a resolution and ordi-
nance in the precise terms of said resolution and ordinance, and
to provide for carrying the same into effect. All the rights,
privileges and authority heretofore granted by ordinance, to
the Park Commission, are hereby transferred to the Board of
Park Commissioners as constituted in this Article. The Board
of Park Commissioners be and hereby is authorized and em-
powered, upon and immediately after the execution and de-
livery, by the owners thereof, of the deed hereinafter referred
to, to the Mayor and City Council of Baltimore, to assimie
exclusive jurisdiction and control over the public highway known
as Green Spring Avenue Road, extending from the north en-
trance of Druid Hill Park, through parts of Baltimore City and
parts of Baltimore County, to the Western Run bridge in Balti-
more County, with full power in said Board of Park Commis-
sioners to regulate the use of the said Green Spring Avenue
Road as a highway, and to prescribe the hours when and the
manner in which manure carts, hay wagons and all or any other
description of vehicles may use the same, and to prescribe fines
and penalties for the violation of such regulations, in the same
manner as it prescribes fines and penalties for violations of the
public park regulations. The owners of said Green Spring Ave-
nue Road are hereby authorized to grant, and the Mayor and
City Council of Baltimore are hereby authorized to accept from
said owners, a good and sufficient deed for the bed of said road,
subject to the rights of the adjacent property-holders to use the
same as a highway. Prom and immediately after the acceptance
by the Mayor and City Council of Baltimore, of the deeds men-
tioned above, all obligation and duty upon the part of either the
owners of said Green Spring Avenue Road or of the public
authorities of Baltimore County, to keep or maintain said road
in repair, shall cease, and from and immediately after said time,
the sole obligation to keep and maintain said road-bed in repair,
shall rest upon the Mayor and City Council of Baltimore. The
Board of Park Commissioners, as herein provided for, sliall
have all the rights, powers and authority as are specifically set
forth in this paragraph of this section and elsewhere in this
Article, and all rights, powers and authority are hereby granted
to the Mayor and City Council of Baltimore to make such other
and further rules and regulations as it may deem proper for

the maintenance of all parks and squares within the City of
Baltimore not inconsistent with this Article.

Mayor & C. C. of Baltimore, v. Reitz, 50 Md. 574. Upshur v. Balti-
more City. 94 Md. 778. See notes, Baltimore City Code, (1879 pp. 677-
678 and 683).

The park fuud under existing laws is to be applied to park purposes
only and to be expended and distributed for such purposes by the Board
of Park Commissioners.

Baltimore v. Williams, 124 Md. 502.

(17) POLICE.

To appropriate a sum of money annually for the relief of
disabled and superannuated members of the police force of
Baltimore City, and for the relief of widows and children of
policemen who may be killed in the discharge of duty.

(18) POLICE POWER.

P. L. L., (1860) Art. 4, sec. 32. P. L. L., (1888) Art. 4, sec. 721.
To pass ordinances for preserving order, and securing prop-
erty and persons from violence, danger and destruction, protect-
ing the public and city property, rights and privileges from
waste or encroachment, and for promoting the great interest and
insuring the good government of the city. To have and exercise
within the limits of the City of Baltimore all the power com-
monly known as the Police Power to the same extent as the
State has or could exercise said power within said limits. But
no ordinance heretofore passed, or that shall hereafter be passed
by the Mayor and City Council of Baltimore, shall hereafter
conflict or interfere with the powers or exercise of the powers
of the Board of Police of the City of Baltimore, heretofore
created, nor shall the said city, or any officer or agent of the
city, or of the Mayor thereof, in any manner impede, obstruct,
hinder or interfere with the said Board of Police, or any officer,
agent or servant thereof or thereunder.

Mayor cr rcl. v. Police Board. 15 Md. 4.55. Shafer v. Muniina. 17
Md. :5:;i. I'.oehm v. Baltiiuorc, 61 Md. 2.59. State v. Mott. 61 Md. 297.
Singer v. State. 72 Md. 467. State v. Ro\v(\ 72 Md. 551. Trag(>s(>r \-.
Cray. 73 Md. 2.50. L:ikf Kolimd. etc. R. R. Co. v. Balto., 77 Md. 352.
Deems v. Mayor & ('. (". of Halt iiiiorc, SO Md. 17.3. M. & C. C. of Balto.
V. Turni»ike Co.. 80 Md. .530, 545. Cochrane v. Frostburg, 81 Md. 54, 05.
Hagcrstown v. Wittmer. 86 Md. 293. B.-ar Creek Co. v. Balto. City. 87
Md. 94. Balto. City v. Cowen. 88 Md. 447. I'oole v. Falls Road. (^U:
Co., 88 Md. .5.33. Upshur v. T'.alto., 94 Md. 751. Bostock v. Saius. 95 Mil.
414. 415. Frostlmrg v. Ilitcliiiis, 99 Md. 627.

City may regulate height of buildings.

Cochran v. Preston, 108 Md. 221. Martin v. District, 205 U. S. 1.39.

Moving pif'ttire iii;icliii)es may be regulated.

State V. Loden, 117 Md. .373.

City must pass ordinance to prevent nuisances or obstructions in the
street, but is not responsible for tlie failure of the Police Department
to enforce them.

Taxi Cab Company v. Baltimore, 118 Md. 359.

Reasonable segregation Ordinance not interfering with vested rights
is within the police power.

State V. Gurry, 121 Md. 535. 47 L. R. A. New Series, 1087.

Statute may regulate hours of labor for laborers employed by con-
tractors on city work.

Sweeten v. State, 122 Md. 635. Elkan v. State, 122 Md. 642.

Regulations concerning removal of garbage and oflfal are valid exercise
of the police power.

Wm. R. Schultz v. State of Maryland, 112 Md. 211.

Power to pass ordinance providing additional penalty for offense
punishable under State law. Validity of ordinance imposing a different
penalty for sale of cocaine. Invalidity of a provision for forfeiture of
license not affecting remainder of ordinance.

Rossberg v. State, 111 Md. 394.

Whatever police power can be exercised by a municipal corporation
over the rights and property of its citizens must be derived from the
legislature; it must be expressed by grant or fair and reasonable
intendment.

United Railways Co. v. State Roads Commission, 123 Md. 561.

(19) PEDDLERS.

1878, ch. 414. P. L. L., (1888) Art. 4, sec. 657. 1892, ch. 90.

The Mayor may grant permits, upon the payment of the snm
of seven dollars to the Comptroller, to such number of poor per-
sons as to him may seem proper, to peddle within the limits of
the City of Baltimore, notions, and small wares without a
license; provided, that the stock in trade of such peddler shall
not exceed twenty-five dollars in value, and the said Mayor at
any time may revoke any such permit.

Banks v. McCosker, 82 Md. 519.

(20) PUMPS, FOUIsTTAINS AND SPRI:NGS.

p. L. L., (1860) Art. 4, sec. 823. P. L. L., (1888) Art. 4, sec. 936.

To erect and regulate pumps, fountains and springs, in the
streets, lanes and alleys of the City of Baltimore.

(21) RAILROADS.

P. L. L., (1860) Art. 4, sec. 856. P. L. L., (1888) Art. 4, sec. 762.

1894, ch. 210.

On application or assent, in writing, of the owners of the
major part in extent of the front feet of the lots fronting on each
side of any street, or part of street, to pass, subject to the pro-
visions and requirements of sections 37 and 85 of this Article,

such ordinances as shall be necessary for the construction of any
track or railway of a steam railroad on and along such street;
to permit and cause such alteration in the grade of such street
as may be necessary for the more convenient and viseful con-
struction of such railway ; and may levy and assess on all lots
fronting on such street, or part of street, or on the owners of
such lots, their just proportion of the expense of such construc-
tion, and enforce payment thereof ; provided, notice be given to
such owners before said assessment is made, with the right to a
hearing as to the propriety of the same, and the further right of
a jury trial by appeal to the Baltimore City Court, and the
proprietor of any lot in front of which any such railway shall be
so constructed, and the just proportion of which shall be paid
by him, shall be entitled, at his own expense, to have a con-
venient siding or turn-out made, to enable him to have the bene-
ficial use of such railway. The city may, whenever the public
interests require, revoke the privilege granted to such railroad
to use said street or part of a street, upon the payment to such
railroad of the actual cost of construction of said railway tracks,
and upon such revocation and pa^Tiient aforesaid, the said rail-
road shall remove all its tracks from said street. To require
street passenger railways to provide proper fenders to their cars
for the protection of human life and to lessen the danger thereto
arising from collisions with such cars, and to enforce said re-
quirements by such fines and penalties as may be prescribed by
ordinance. To regulate the use of the streets by street railways.

N. C. R. R. Co. V. Mayor, 21 Md. 93. N. C. Ry. Co. v. M. & C. C. of
Balto., 46 Md. 425. Hodges v. Balto. P. Ry. Co., 5S Md. 603. N. Balto.
R. R. Co. V. N. Avenue R. R. Co., 75 Md. 233. N. Balto. Pass. R. R. Co. v.
Baltimore, 75 Md. 247. Pake Rol. El. R. R. Co. v. Baltimore, 77 Md. ,352,
384. Lake Roland, etc. Co. v. Webster, SI Md. 529. Park Tax Case.
84 Md. 1. Poole v. Falls Itoad Ry. Co., 88 Md. 536, 538. United Rys. &
Elec. Co. V. Hayes, 92 Md. 490.

As to general law limitation to right of railroads to pass through the
City of Baltimore.

W. M. Tidewater R. R. Co. v. Leonard, Daily Record, June 15, 1903.

A street railway-has no paramount right to own Its own (racks and a
grant of the right to lay such tracks is subject to the paramount right
of the city to interfere with the same.

City & Suburban Ry. Co. v. Brush Elec. Co., Daily Record, De-
cember 20, 1895.

In coiiiipctions with powers under this sul)-title, sec aluo,

O'Brien v. Balto. BcU R. R., 74 Md. .374. (!hes. & I'ol. Tel. Co. v.
McKenzie, 74 Md. 48. Koch v. N. Av. R. R. Co.. 75 M<1. 222. Balto.
City V. P,'alt(». Trust & Cnar. Co.. 16(i U. S. 67::. Crccii v. City & Su-
burinm Ry. Co., 7S Md. 294. (ianctt v. Lake Hoi. El. K. R. Co.. 79
Md. 277. Birch v. Lake Rol. El. R. R. Co., S3 Md. 3(;9. I>ake Uol. K\.

R. R. Co. V. Hibernian Society, S3 Md. 420. Hooper v. Balto. City
Pass. Ry. Co., 85 Md. 509. Baltimore v. Cowen, 88 Md. 454. Central
Ry. Co. V. P. W. & B. R. R., 95 Md. 439.

(22) SCHOOLS.

1S72, ch. 377. 1884, ch. 2. P. L. L., (1888) Art. 4, sees. 776, 778, 779.
To establish in the City of Baltimore, in conformity with
the provisions of this Article, a system of free public schools,
which shall include a school or schools for manual or industrial
training. To pass all ordinances for the protection of school
houses and property, and to punish any person that may disturb
the sessions of the public schools. To levy and collect, upon
the assessable property in the City of Baltimore as other taxes
are levied and collected, such amount of taxes as may be neces-
sary to defray all expenses incurred for educational purposes.

School Commissioners v. Board of Education, 26 Md. 505. St. Mary's
Industrial School v. Brown, 45 Md. 310. M. & C. C. of Balto. v. Weath-
erby, 52 Md. 442. Hooper v. New, 85 Md. 565. Clark v. Md. Institute,
87 Md. 643. Baltimore City v. Lyman, 92 Md. 591.

Compare with provisions of Code P. G. L., Art. 77, sections 116-119.

(23) SEWERS.

P. L. L., (1860) Art. 4, sec. 835. 1868, ch. 181. P. L. L., (ISSS) Art. 4,
sees. 792 and 794. 1906, ch. 144.

To provide for construction, opening, enlarging or straighten-
ing, subject to the provisions herein contained as to the Board
of Public Improvements and Board of Estimates, any sewer or
drain, public or private, through any private property. To pave
and keep in repair, subject to the provisions herein contained
as to the Board of Public Improvements and Board of Estimates,
all necessary sewers and drains and to pass all regulations neces-
sary for the preservation of the same, and to authorize any per-
son appointed by it or by the Commissioner of Health or by the
City Engineer, as hereinafter provided, for that purpose, to
enter upon the lands, grounds or possessions of any person or
body politic, through which the common sewers or private sewers
or drains run or may run, to examine, inspect, regulate, make
or repair the same, such person, when not otherwise appointed
by it to be appointed by the Commissioner of Health, if the
sewer or drain be a private sewer or drain, though connected
with a public sewer, so far as said private sewer or drain shall
be upon private property, and to be appointed by the City Engi-
neer for all other sewers or drains; and in the case of private
sewers or drains, the regulations, making or repairino; of the
same to be at the expense of the owners of the property, real

or leasehold, served by said sewers or drains, and with power
also to make any and all costs and expenses incurred in or about
the regulation, making or repairing of private sewers or drains
a lien upon the interests of the owners in the real or leasehold
property served by said sewers or drains, with power also to pro-
vide for the enforcement of such liens by sale of the property
whether real or leasehold ; to condemn any land or interest in
land in the mode provided in this Article for the use of the
Mayor and City Council of Baltimore in the construction of any
sewers or sewerage system ; to inspect and regulate house drain-
age and sewerage connections, and to prescribe the kind and
quality of material to be used for such purposes. But all work
done in making, repairing or altering within private property,
that is, not in any public street, public lane, public alley or public
property, any private sewer or drain or waste or ventilating pipe
connecting with a sewer, either public or private, shall be done
under the supervision of the Inspector of Plumbing of said city
under the direction of the Commissioner of Health and under a
permit fi-om the Commissioner of Health or his authorized
assistant, to be issued only to any person duly qualified to do
such work under said Article 4 of the Public Local Laws of
Maryland, said permit to be issued in accordance with any
ordinances now existing or which may hereafter be passed by
the Mayor and City Council of Baltimore not in conflict here-
with, or in accordance with any rules which may be adopted by
said Commissioner of Health not in conflict herewith or with
such ordinances. No other permit from any other officer what-
ever shall be required for said work and no charge shall be
made by the Commissioner of Health for said permit or for in-
specting the work done thereunder. ISTo charge shall be made
by the City Engineer or any other officer for inspecting any
work in the public streets, public lanes or public alleys of said
city done in connection with private sewers or house drains.

Kirhy v. Citizens Ry. Co., 48 Md. 1G8. Kranz v. Mayor, G4 Md. 491.
Ilitoliiiis V. FrostbuPK, G8 Md. 108. Chesapeake & rotomac Tel. Co. v.
MoKenzie, 74 Md. 48. Baltimore City v. Schnitker, 84 Md. 4.3. Balti-
more City V. Covven, 88 Md. 447. Cahill v. Baltimore City, 93 Md. 233.

See aluo, Short v. B. P. C. Ry. Co., 00 Md. 73. P., W. & B. R. R. Co.
V. Davis. 08 Md. 281. Frostburg v. Duffy, 70 Md. 47. Ilitchiiis v.
FrosthnrK, 70 Md. .'^7. Lion v. B. C. P. Ry. Co.. 90 Md. 20(;. Guest v.
('onuiiissionors Cliurfli Hill. 00 Md. 089.

City not liable for failure to make improvements rcconuiieiided by
its officers. Evidence admissible to prove whether a sewer is of
siiflicH'iit capacity to carry ofT water in seasons of ordinary rainfall.
City not compelled to grade, pave and place gutters so as to prevent
property being flooded by water when private i)artles change the
configuration of adjacent land not lielonging to the city.
Kurrle v. M. & C. C. 113 Md. 0.3.

A plaintiff cannot recover otherwise than according to the allegations
of his declaration, and a prayer based on other facts is improper. Negli-
gence. Recovery cannot be had upon testimony as to conditions appear-
ing sixteen months later, In the absence of all testimony as to how
the work had been done.

Baltimore v. Stalfort, 123 Md. 269.

(24) SQUAKES, SPKIN'GS AiND MONUMEITTS.

1892, ch. 349.
P. L. L., (1888) Art. 4, sees. 799D, 799E, 799F.

To establish, regulate and control all squares, springs and
monuments erected or constructed within the City of Baltimore,
and to provide for the maintenance of same. To provide by
ordinance for the purchase or condemnation of all that land
lying in the City of Baltimore between the lines of Dolphin
street on the north, Biddle street on the south, Jordan Alley on
the east, and Morris Alley on the west, or so much thereof as
may be necessary, upon a proper survey, to extend the line of
parking known as Eutaw Square from Dolphin street to Biddle
street, and the driveways on each side thereof; and to provide
for the assessing and levying on the whole assessable property of
the said city, or on the property of persons thereby benefited,
the whole or any part of the damages and expenses which may
be incurred in acquiring said land, and in locating and laying
out the said line of square ; and to provide for the granting
of appeals to the Baltimore City Court, from the decisions of
the Commissioners for Opening Streets or any Commissioners,
or other persons, appointed by authority of any ordinance to
ascertain the damages which will be caused or the benefits which
will accrue to the owners or possessors of ground, or improve-
ments in acquiring said land, and in locating, laying out and
extending said square from Dolphin street to Biddle street, and
for securing to every_ such owner and possessor the right, on
application within a reasonable time, to have decided by a
Jury trial, whether any damage has been caused, or any benefit
has accrued to them and to what amount ; and to provide for col-
lecting and paying over the amount of compensation adjudged
to each person entitled, or investing it in stock of said city, for
the use of any such persons who, because of their infancy,
absence from the city, or any other cause, may be prevented
from receiving it, before any part of the land lying within tlie
said lines shall be taken. Before the said city shall pass any
ordinance under the above provisions, at least sixty days' notice
shall be given of any application for the passage of such ordi-
nance, in at least two daily papers in said city ; and before the

Commissioners for Opening Streets or any Commissioner or
Commissioners appointed by any ordinance under the above
provisions shall proceed to the performance of his or their dnty,
he or they shall give notice in at least two of the daily news-
papers in the City of Baltimore, of the object of the ordinance
under which he or they propose to act, at least thirty days before
the time of their first meeting to execute the same.

(25) STOCKS, LOAXS AIS^D FIISTANCE.

p. L. L., (1860) Art. 4, sec. 867. 1861, ch. 75. 1876, ch. 167. 18S0. ch. 94.
P. L. L., (1888) Art. 4, sees. 801, 804.

To levy upon the assessable property within the city, and
collect by tax any sum which may be necessary to pay and dis-
charge the principal and interest of any loan which may hereto-
fore have been obtained, or which may hereafter be obtained by
said city according to law. It shall create a sinking fund to meet
the liabilities thus incurred, and may also levy upon the assessa-
ble property of the City of Baltimore, from time to time,
such sums as may be necessary to provide therefor, and for the
payment of the principal and interest of the liabilities to be
incurred under this section, and may pass all ordinances neces-
sary to carry out the purpose of the same. Whenever the Com-
missioners of Finance shall be authorized by the city to invest
moneys belonging to the sinking fund of said city, in annuities
or ground rents, reserved out of the lands leased to the city and
payable by the said city, the said Commissioners may purchase
such rents or annuities and reversions of such lands; and the
conveyances thereof taken may be made to the Mayor and City
Council of Baltimore, in trust for the benefit and purpose of
the said sinking fund ; and in every such case, such conveyances
shall not work a merger of the lease or term, but, until otherwise
provided by law, the rent shall continue to be payable to the
city as if such purchase had not been made, but shall be re-
ceived and applied by the Commissioners of Finance as the
income of other investments of the sinlcing fund may be applied.
Whenever and as often as it may be necessary hereafter to issue
cfrtificates of indebt(>dness or city stock or bonds of the City of
Baltimore, either for loans of the said city, already created
and authorized by law, but not yet negotiated and issued,
or for loans which may be hereafter created and authorized
to ])e issued as aforesaid, provision may be made, in the dis-
cretion of the city for the payment of any taxes wliich
the holders of said certificates or bonds may be legaliv li;iMe;
provided, however, that the rate of interest payable on said loan

shall not exceed the rate of five pei* cent, per annum ; and pro-
vided, further, that nothing herein contained shall prevent the
said city from negotiating said loans, or any part thereof,
already authorized by law, but not yet actually issued, or which
may be hereafter created and authorized by law, at a lower rate
of interest than five per cent, per annum, whenever it may
appear to the said city practicable and advisable to do so.

Baltimore v. Gill, 31 Md. 375.

(26) STREETS, BRIDGES AND HIGHWAYS.

(a) Opening, Extending, Widening, Straightening or clos-
ing up Streets.

1817, ch. 148. 1832, ch. 57. 1833, ch. 182. 1838, ch. 226. P. L. L., (1860^
Art. 4, sec. 837. 187S, ch. 143. P. L. L.. (1888) Art.
4, sees. 806, 8061/2. 1894, ch. 312.

To provide for laying out, opening, extending, widening,
straightening or closing up, in whole or in part, any street,
square, lane or alley within the bounds of said city, which in
its opinion the public welfare or convenience may require. To
provide for ascertaining whether any, and what amount in
value, of damage will be caused thereby, and what amount of
benefit will thereby accrue to the owner or possessor of any
ground or improvements within or adjacent to said city, for
which said owner or possessor ought to be compensated, or ought
to pay a compensation, and to provide for assessing or levying,
either generally on the whole assessable property of said city,
or specially on the property of persons benefited, the whole
or any part of the damages and expenses which it shall ascertain
will be incurred in locating, opening, extending, widening,
straightening or closing up the whole or any part of any street,
square, lane or alley in said city. To provide for granting
appeals to the Baltimore City Court, from the decisions of the
Commissioners for Opening Streets or any Commissioner or
Commissioners, or other persons appointed by virtue of any
ordinance, to ascertain the damage which will be caused or the
benefit which will accrue to the owners or possessors of ground
or improvements by locating, opening, extending, widening,
straightening or closing up, in whole or in part, any street.
square, lane or alley within the said city, and for- securing to
every such owner or possessor the right, on application within a
reasonable time, to have decided by a jury trial whether any
damage has been caused, or any benefit has accrued to them, and
to what amount. To provide for collecting and paying over the
amount of compensation adjudged to each person entitled, or

investing it in stock of the said city, for the use of any such
person who, because of infancy, absence from the city or any
other cause, may be prevented from receiving it, before any
street, square, lane or alley, in whole or in part, shall be so
opened, extended, widened, straightened or closed up, and to
enact and pass all ordinances, from time to time, which shall
be deemed necessary and proper to exercise the powers and
effect the objects above specified. To acquire the fee simple
interest in any land for the purpose of opening, extending,
widening or straightening, in whole or in part, any street, square,
lane or alley in Baltimore City. To provide by ordinance for the
collection of rent or revenue, which may or can be derived or
collected from the occupiers, tenants, or by whatever term they
may be called, for the use and occupation by them, of all build-
ing or buildings, or other property which the city pays for, to
the o-s\Tiers thereof, in all cases of street openings, straightenings,
closings or widenings, or in any case of condemnation for any
piirpose whatever, said rent to be paid by said tenants or occu-
piers of said building or buildings, or other property, to the city
authorities, from the date of payment for the same by the city
to the o^vners thereof, or from the date of the tender of such
payment, if for any cause said owners refuse or cannot lawfully
accept the same, until said building or buildings are removed,
and until said property shall be required by the city for its
purposes, under the condemnation proceedings.

Alexander v. Mayor. &c., 5 Gill 3S3. Methodist Prot Ch. v. Mayor,
&e., 6 Gill 391. Ricbardson v. Mayor, 8 Gill 433. White v. Flannigan,
1 Md. .542. Moale v. Mayor, &c.. 5 Md. 321. Steuart v. :\Iayor, &c.,
7 Md. 500. Mayor v. Porter, 18 Md. 284. State v. Graves, 10 Md. 351.
Steuart v. State, 20 Md. 97. Douglass v. Boonsboro Turup. Co.. 22 Md.
219. Mayor, &c. v. P.ouldiu, 23 Md. 328. Mayor, &c. v. Clunet, 23
Md. 449. ' Hawley v. Mayor, &c., 33 Md. 280. Page v. Mayor. &c., 34
Md. 558. Hazelhurst v. Mayor, 37 Md. 199. Mayor v. Grand Lodge,
44 Md. 436. Norris v. Mayor, &c., 44 Md. 598. McCormick v. Mayor,
&c., 45 Md. 527. Dashiell v. Mayor, 45 Md. 016, 625, 620. Northern
Central R. R. Co. v. Mayor, &c., 46 Md. 425. Brooks v. Mayor. &c.,
48 Md. 265. Mayor, &c. v. St. Agnes Hospital of Balto., 48 Md. 419.
Mayor, &c. v. Reitz, 50 Md. 574. Hall v. Mayor. &('., 56 Md. 194.
Mayor, &c. v. Black, 50 Md. .333. State ex rel. Henderson v. Taylor, 59
Md. .341. Mayor. &r'. v. nof)k. 02 Md. 371. Central Savings Bank v.
Mayor, &c., 71 Md. 515. Zion Church v. Mayor, 71 Md. 524. Frioden-
wald V. Baltimore. 74 Md. 123. Van Witzen v. Gutman, 79 Md. 412,
Balto. V. Ulman, 79 Md. 480. M. & C C. of Balto. v. Smith. 80 Md.
400. M. & C. C. of Balto. v. Frick. 82 Md. 80. I'.altiiiiore v. Coates. 85
Md. .531. Balto. City v. Bronrael, 80 Md. 159. Baltimore City v. Cowen.
88 Md. 4.50. Bemhe v. Anno Arundel Co., 94 Md. 220. Riggs v. Win-
terode, 100 Md. 447.

The city is not compelled to accept any dedicated street. Until ac-
cepted such streets remain private property.

(3)

Brady v. Balto. Belt R. R., Daily Record, November 26, 1894.

The doctrine of adverse possession applies to the case of property
dedicated to public use for a highway vs^ithin the territorial limits of a
municipal corporation. A municipal corporation may be held to be es-
topped from setting up a claim to a public highway.

Bing V. Mayor & C. C. of Baltimore, Daily Record, April 3, 1889.

In relation to opening, widening, straightening, etc., streets, see,

Binney's Case, 2 Bland, 129. Graff v. Mayor & C. C. of Baltimore,
10 Md. 544. Merrick v. Mayor, 43 Md. 219. Black v. Mayor, &c., 50
Md. 235. Tinges v. Mayor, &c., 51 Md. 600. Hiss v. Balto. & Hampden
Pass. Railway Co., 52 Md. 242. McMurray v. Mayor, &c., 54 Md. 103.
Hodges V. Balto. Union Pass. Railway Co., 58 Md. 603. Co. Commrs.
of Balto Co. V. Md. Hospital, 62 Md. 127. Mayor, &c., v. White, 62 Md.
362. Glenn v. Mayor, 67 Md. 390. Hitchins v. Frostburg, 68 Md. 100.
P., W. & B. R. R. V. Shipley, 72 Md. 93. Pitts v. Baltimore, 73 Md. 326.
Friedenwald v. Shipley, 74 Md. 220. Heaver v. Lanahan, 74 Md. 498.
Burk V. Mayor & C. C. of Balto., 77 Md. 471. Gluck v. Baltimore, 81
Md. 315. Baltimore City v. Fear, 82 Md. 246. Baldwin v. Trimble. 85
Md. 397. Flersheim v. Mayor, 85 Md. 493. Valentine v. Hagerstown,
86 Md. 488. Clendenin v. Md. Construction Co., 86 Md. 80. Baltimore
City V. N. C. Ry. Co., 88 Md. 427. Ogle v. Cumberland, 90 Md. 62.
Gardiner v. Baltimore City, 96 Md. 361. Jenkins v. Riggs, 100 Md. 438.

Widening of Light Street. — Rights to build out in the Harbor.
Baltimore City v. Steamboat Company, 104 Md. 485.

Chester Street dedicated.

Canton Company v. City, 104 Md. 582.

Private alleys not exempt from taxation.

Hill V. Williams, 104 Md. 595.

Bridges over Falls and Railroads are parts of streets.

Northern Central Railway v. United Railways and Electric Company,
105 Md. 340.

Dedication may be nullified by non-user by public coupled with adverse
occupation.

Canton Co. v. City, 106 Md. 69.

As to evidence of dedication.

Baltimore v. Yost, 121 Md. 366.

Reference in deed held for purpose of location, and not dedication,
under facts of case.

Bloede v. Baltimore, 115 Md. 594.

Improvements of the highways within Baltimore City by the State
Roads Commission and the right to compel railway company to remove
its tracks at its own cost.

United Railways Company v. State Roads Commission, 123 Md. 561.

A dedication of a street to become irrevocable must be accepted.
Baltimore v. Canton Co., 124 Md. 620.

(b) Grade Lines of Streets.
1874, ch. 218. P. L. L., (1888) Art. 4, see. 809. 1888, ch. 285.
To provide by general or special ordinance for the establish-
ment, and change from time to time, of the grade lines of any
street, lane or alley, or part thereof, located or laid out upon
the plan of said city.

Dashiell v. Mayor, &c.. 45 Md. 616. Cumberland v. Willson, 50 Md.
147. 148. Kelley v. Mayor, &c., 65 Md. 175. O'Brien v. Balto. Belt R.
R., 74 Md. 373. Baltimore City v. Cowen, 88 Md. 447, 458. Guest v.
Church Hill, 90 Md. 693.

(Special Ordinance.)

1874, ch. 218. P. L. L., (1888) Art. 4, sec. 810. 1892, ch. 219.
To provide hj ordinance for grading, shelling, graveling, pav-
ing and curbing, or for the regrading, reshelling, regraveling,
repaving and recurbing of any street, lane or alley in said city,
or part thereof, now condemned, ceded, opened as a public high-
way, or which may hereafter be condemned, ceded, opened,
widened, straightened or altered according to the laws and
ordinances regulating the same, and also for assessing the cost
of any such work, in whole or in part, upon the property binding
upon such street, lane or alley, or part thereof, according to
such rule or basis as it may determine, and for collecting said
assessments as other city taxes are collected or in such manner
as it may prescribe, either before or after the work shall have
been done, provided that before the passage by either Branch
of the City Council of any ordinance requiring the whole or any
portion of the costs to be assessed upon the property ten days'
notice shall be given in at least two of the daily newspapers in
said city, and an opportunity shall be afforded to all persons
interested therein to appear and be heard before some appro-
priate committee of the Council, and it may also provide for
appeals to the Baltimore City Court from the decisions of the
Commissioners for Opening Streets or any Commissioner or
Commissioners, or other person or persons appointed to deter-
mine the amount of assessment to be made upon any property
under any such ordinance; and in the trial of such appeal the
practice shall conform as near as may be to the practice in the
trials of street appeals, including the right of appeal to the
Court of Appeals.

Mayor, &e., v. Moore. 6 H. & J. 375. Mayor, &c. v. Hushes. 1 G. & .7.
480. Esehbach v. Pitts, 6 Md. 71. Mayor. &c. v. Groenmount Coniotery,
7 Md. 517. Henderson v. Mayor, 8 Md. 3.52. Mayor, &o. v. Porter, IS Md.
284. N. C. Ry. Co. v. Baltimore. 21 Md. 105. Mayor, &c. v. Horn. 20
Md. 194. Baito. & Pot. R. R. Co. v. Reany, 42 Md. 118. Dashiell v.
Mayor, 45 Md. 610. Burns v. Mayor. 48 Md. 198. Mayor, &c. v. Scharf,
54 Md. 499. Mayor, &(•. v. .Tohns Hopkins. 50 Md. 1. Gould v. Mayor,
58 Md. 40. Gould v. M. & C. C. of Baltimore. .59 Md. 378. Moale v. Mayor,
&c., 01 Md. 224. Mayor, &o. v. Hanson, 01 Md. 402. Mayor. &c. v. .John-
son. 02 Md. 225. Mayor. &<: v. Hook. 02 Md. 371. All)(>rf,'or v. Mayor,
64 Md. 1. Kelley v. Mayor. 05 Md. 171. Baltimore v. Raymo, OS Md.

569. Ulman v. Mayor, 72 Md. 591, 609. Baltimore v. Ulman, 165 U. S.
719. O'Brien v. Balto. Belt R. R., 74 Md. 273. Baltimore v. Ulman, 79
Md. 469. Balto. v. Cowen, 88 Md. 457. Guest v. Church Hill, 90 Md. 693.
Balto. City v. Stewart, 92 Md. 535, 551. Cahill v. Baltimore City, 93 Md.
233. Kent County v. Godwin, 98 Md. 84. Frostburg v. Wineland, 98 Md.
243.

For further decisions relating to grading, paving and curbing, see, —

Clements v. Mayor, &c. of Baltimore, 16 Md. 208. Mayor, &c. v.
Harwood, 32 Md. 471. Peddicord v. Balto., Catonsville, &c., Co., 34 Md.
463. Cumberland v. Willson, 50 Md. 138. Hitchins v. Frostburg, 68
Md. 100. C. & P. Tel. Co. v. McKenzie, 74 Md. 48. M. & C. C. of Balto.
V. Turnpike Co., 80 Md. 536. Smyrk v. Sharp, 82 Md. 97. Hagerstown
V. Startzman, 93 Md. 609. DeLawder v. Balto. County, 94 Md. 1. Offutt
V. Montgomery Co., 94 Md. 115.

The ten days' notice of the passage of an ordinance authorizing paving
prescribed by Act of 1892, ch. 219 (now sec. 6 of Charter) must be
given or a Court of Equity will intervene.

Bond v. Malster, Daily Record, July 6, 1899.

As to degree of care city must exercise in keeping the streets in repair,
see,

Baltimore City v. Lobe, 90 Md. 314.

Liability of municipal corporations for defects in streets — Negligence
— ^Notice — Defects not apparent on surface.

Sweeten v. Baltimore, 123 Md. 88.

A plaintiff cannot recover otherwise than according to the allega-
tions of his Declaration, and a prayer based on other facts is improper —
Negligence — Recovery cannot be had upon testimony as to conditions
appearing sixteen mouths later, in the absence of all testimony as to
how the work had been done.

Baltimore v. Stalfort, 123 Md. 269.

■

(d) Grading, Paving, Curbing, Etc., Streets.

(General Ordinance, Application of Owners.)

1874, ch. 218. P. L. L., (1888) Art. 4, sec. 811.

To provide by general ordinance, subject to provisions and
requirements of section 85 of this Article, for the grading, grav-
eling, shelling, paving or curbing, or for the regrading, regravel-
ing, reshelling, repaving or recurbing of any street, lane or
alley, or part thereof, in said city, without the passage of a spe-
cial ordinance in the particular case, whenever the owners of a
majority of the front feet of property binding on such street,
lane or alley, or part thereof, shall apply for the same, upon
terms and under conditions to be prescribed in the same general
ordinance, and for the assessment in any such case of the cost
of such work, in whole or in part, pro rata, upon all the property
binding upon such street, lane or alley, or part thereof, and for
the collection of such assessment as other city taxes are collected.

Henderson v. Mayor, 8 Md. 352. Holland v. Mayor, 11 Md. 186.
Bouldin v. Mayor, 15 Md. IS. Mayor, &e. v. Eschbach, 18 Md. 270.
Mayor v. Porter, 18 Md. 284. Howard v. First Ind. Church, 18 Md. 451.
Mayor, &c. v. Bouldin. 23 Md. 328. Mayor, &c. v. Horn, 26 Md. 195.
Lester v. Mayor, 29 Md. 419. Dashiell v. Mayor, 45 Md. 624. Burns
V. Mayor, 48 Md. 200. Wolff v. M. & C. C. of Baltimore, 49 Md. 446.
Mayor, &c. v. Johns Hopkins Hospital, 56 Md. 1. Moale v. Baltimore,
61 Md. 237. Mayor, &c. v. Boyd, 64 Md. 10.

(e) Levy of Tax to Pay Unpaid Assessments for

Grading, Paving, etc.

1892, ch. 284. P. L. L., (1888) Art. 4, sec. 811 A.

In any and all cases where any street, lane or alley, or any
part thereof, in the city, has been graded, paved or curbed, or
regraded, repaved or recurbed, under any ordinance which pro-
vided for assessing the whole or any portion of the cost of such
improvement upon the property binding upon such street, lane
or alley, or part thereof, and such assessments, or any part
thereof, remain unpaid, it shall be lawful for the city to provide
by ordinance for the levy and collection in such manner as it
may deem proper, of a tax upon all the property binding on any
street, lane or alley, or part thereof, which may have been so
improved, to the extent that such property shall have been spe-
cially benefited by such improvement, provided, that no property
upon w^hich the assessment originally made for its share of the
cost of such improvement shall have been paid, shall be again
assessed, and that reasonable notice and an opportunity to be
heard shall be given to all persons interested before the final
ascertainment of the amount of tax to be paid by any such prop-
erty, and the said city shall provide for appeals to the Baltimore
City Court by any person or persons interested, inchuling the
city itself from the decision of the Commissioners for Opening
Streets, or any Commissioner or Commissioners or other per-
sons appointed to determine the amount or amounts of such spe-
cial taxes or assessments; and in the trial of such appeals the
practice shall conform as near as may be to the practice in the
trial of street appeals, including the right of appeal to the Court
of Appeals.

Baltimore v. Ulman, 79 Md. 480. Ulman v. Baltimore, 165 U. S. 719.
Balto. V. Stewart, 92 Md. 535. Leser v. Wagner, 119 Md. 671.

(f) Footways.
P. L. L., (1860) Art. 4, sec. 852. P. L. L., (1888) Art. 4, sec. 816.
To pass all ordinances necessary for grading, regulating, pav-
ing and repairing the footways in the streets, lanes and alloys

210657

of the city, and impose a tax on any lot fronting on any paved
street, lane or alley, for the purpose of grading, regulating, pav-
ing or repairing footways in front thereof, or compel by fine or
otherwise the owner or proprietor of any lot to pave or repair the
footways in front thereof, agreeable to the ordinances to be
passed by it.

Bassett v. Ocean City, 118 Md. 114. State v. Kent County, 83 Md. 379.

(g) Regulating use of Street,
obstructions and encroachments.

To regulate the use of streets, highways, roads, public places
and sidewalks by foot passengers, animals, vehicles, cars, motors
and locomotives, and prevent encroachment thereon and obstruc-
tion of the same.

C. & P. Tel. Co. V. Baltimore City, 89 Md. 705. Hagerstown v. Klotz,
93 Md. 440. Townsend. Grace & Co. v. Epstein, 93 Md. 537. Baltimore
City V. Beck, 96 Md. 190. B. & O. R. R. Co. v. Balto. City, 98 Md. 536.
Knight V. Balto. City, 97 Md. 649. Balto. City v. Walker, 98 Md. 640.
Brauer v. Refrigerator Co., 99 Md. 376.

As to widening of sidewalks by city, see, Klein v. U. Rys. & Elec. Co.,
Daily Record, January 4, 1906.

For decisions arising out of the exercise and construction of powers
under paragraph (G), see.

Mayor & C. C. of Balto. v. Marriott, 9 Md. 160. Roman v. Strauss,
10 Md. 89. Mayor, &c., Balto. v. Pennington, 15 Md. 12. Altvater v.
Mayor, 31 Md. 462. Houck v. Wachter, 34 Md. 265. Peddicord's Case,
34 Md. 463. Mayor, &e. v. Holmes, 39 Md. 243. Flynn v. Canton Co.,
40 Md. 312. Mayor, &c., Balto. v. O'Donnell, 53 Md. 110. Turner v.
Holman, 54 Md. 148. Gore v. Brubaker, 55 Md. 87. Canal Co. v. County
Commrs., 57 Md. 201. Textor v. B. & O. R. R. Co., 59 Md. 63 Sinclair
Y. Baltimore, 59 Md. 598. Crook v. Pitcher, 61 Md. 510.

Thomas v. Ford, 63 Md. 346. Taylor v. Cumberland, 64 Md. 68.
Garrett v. Janes, 65 Md. 260. Kennedy v. Cumberland, 65 Md. 514.
C. & P. Tel. Co. V. McKenzie, 74 Md. 49. 50. Koch v. N. Ave. Ry. Co.,
75 Md. 229. N. Balto. R. R. Co. v. N. Ave. R. R. Co., 75 Md. 233. N.
Balto. R. R. Co. v. Baltimore, 75 Md. 247. Twilley v. Perkins, 77 Md.
262. Lake Rol. El. R. R. Co. v. Balto., 77 Md. 372-381. Green v. City
& Sub. Ry. Co., 78 Md. 307. Condon v. Sprigg, 78 Md. 337. Garrett
V. Lake Rol. Elv. R. R. Co., 79 Md. 277. Postal Telg. Cable Co. v.
Baltimore, 79 Md. 512. Cochrane v. Frostburg, 81 Md. 54. Ulman v.
Charles St. Ave. Co., 83 Md. 145. Baldwin v. Trimble, 85 Md. 396.
Gunther v. Dranbauer, 86 Md. 1. Reidel v. P., W. & B. R. R. Co.. 87
Md. 158. Worcester Co. v. Ryckman, 91 Md. 37. Mason v. Cumber-
land, 92 Md. 462. Keen v. Havre de Grace, 93 Md. 34. Magaha v.
Hagerstown, 95 Md. 69. New Windsor v. Stocksdale, 95 Md. 215.

Turnpike road partly in Baltimore City owned by private corpora-
tion and streets owned by individuals but used by the public as high-
ways are streets and highways of Baltimore City within the meaning
of this Section.

The Patapsco Electric Co. v. M. & C. C, 110 Md. 310.

City liable for negligence of its contractor digging sewer under its
supervision, evidence showing negligence — pleading.
Hanrahan v. City, 114 Md. 517.
Regulating use of streets — liability — obstruction — defect, street — city
liable — obstruction on sidewalk left by its contractor over whom it re-
tains supervision— contributory negligence, plaintiff — not guilty — lights.
McCarthy v. Clark, 115 Md. 454.
Obstruction — railroad track- — public sti'eet — cutting off access— abutt-
ing owner — proof extent of injury ; dimunition in market value.
Webb v. B. & O. R. R. Co., 114 Md. 216.

(h) Opening of Street Surface.

To regulate the opening of street surface, for the purposes
authorized by law or ordinance.

In relation to opening street surface, see, State v. Latrobe, 81 Md.
233. Edison Co. v. Hooper, 85 Md. 111. C. & P. Telephone Co. v.
Balto. City, 89 Md. 689. Balto. City v. Balto. Co. W. & E. Co., 95
Md. 239.

(i) ITuMBERiNG Houses.

To regulate the numbering of houses, lots, streets and avenues,
and the naming of streets, avenues and public places.

(j) Regulating Use of Sidewalks and Streets
BY Signs, Poles, Wires, Trees, etc.

1912, ch. 32.

To regulate the use of streets and sidewalks for use of tele-
graph posts, trolley poles, electric light poles, telegraph wires,
electric light wires and for any and all other purposes, and to
prohibit the erection of any posts, poles or wires and to compel
the removal of any posts, poles or wires in, over or above any
street, sidewalk or highway ; and to regulate the planting, trim-
ming or destroying of trees in or upon any street, sidewalk or
public highway.

Ches. & Pot. Tel Co. v. McKenzio, 74 Md. 47. Postal Telg. Cable Co. v.
Baltimore, 79 Md. 512. Balto. City v. Walker, 98 Md. 637. Brauer v.
Refrigerating Co., 99 Md. 512.

'J'lio Act 1900, chapter 152 and the Act 1904, chapter 016. ro-onncting
section 8 of the Charter, l)y their terms necessarily modify the general
power of the Mayor and City Council of Baltimore in relation to signs,
sign posts, awnings, awning posts and horse troughs where construction
or erection of same obstructs sidewalk. Sub-division "J" of section 6,
supra, has been modified accordingly.

City may not arbitrarily or unreasonably destro.v shade trees, but
where their destruction is necessary to a street improvement, no liability.
Easton v. Turner, 117 Md. 111.

A provision similar to above held to be a reasonable grant of power.
A prohibition of awning poles, obstructions, &c., on certain streets or in
a certain district, although permitted in other sections of the city, is
not invalid on the ground that it discriminates or is arbitrary.
Etchison v. Frederick City, 123 Md. 283.

(k) Cleaning and Lighting Streets.

p. L. L., (I860) Art. 4, sec. 862. P. L. L., (1888) Art. 4, sec. 819.

To clean the streets and remove the dirt and filth therefrom,
and to prohibit and punish by ordinance, the placing of any
dirt, filth or other matter therein, and to protect any pavement
by prohibiting the travel thereon. To erect lamps in any of the
streets, lanes or alleys of said city, and cause the same to be
lighted at the expense of the city.

Baltimore City v. Beck, 96 Md. 183. See, also. Am. Lighting Co. v.
McCuen, 92 Md. 705.

(l) Use of Streets by Tracks, Poles and Wires.
p. L. L., (1888) Art. 4, sec. 819a. 1890, ch. 370. 1914, ch. 859.

To regulate the use of streets, lanes or alleys in said city, by
railway or other tracks, gas or other pipes, telegraph, telephone,
electric light or other wires and poles, in, under, over or upon
the same, and to require all such wires to be placed under
ground after such reasonable notice as it may prescribe. To
determine the character of the foundation to be used under and
around the railway ties, and, in any case where a street is being
paved by the Paving Commission or other public agency and
the character of the foundation is not determined by ordinance,
the same shall be determined by the Paving Commission "or other
public agency doing such paving, and full power to do so is
hereby given. It shall be the duty of every railroad or street
railway corporation occupying with its tracks any portion of
the public highways of Baltimore City to put in the character
of foundation determined upon in pursuance of this provision.

Ches. & Pot. Tel. Co. v. McKenzie, 74 Md. 47-48. Koch v. North Ave.
Ry. Co., 75 Md. 222-229. N. Balto. Pass. Ry. Co. v. N. Ave. Ry Co., 75
Md. 233. N. Balto. Pass. Ry. Co. v. Mayor, &c, Balto., 75 Md. 247. Lake
Rol. R. R. Co. v. Baltimore, 77 Md. 380-381. Garrett v. Lake Rol. El.
R. R. Co., 79 Md 286. Postal Tel. Cable Co. v. Balto., 79 Md. 511. Edi-
son Co. V. Hooper, 85 Md. 111. Hooper v. Balto. City Pass. Ry. Co., 85
Md. 509. Poole v. Falls Rd. Ry. Co., 88 Md. 533. C. & P. Tel. Co. v.
Balto. City, 89 Md. 705. C. & P. Tel. Co. v. Balto. City, 90 Md. 638.
Baltimore v. C. & P. Tel. Co., 92 Md. 692. Balto. v. Balto. Co. W. & Elec.
Co., 95 Md. 239. Purnell v. McLane, 98 Md, 594. Simon's Sons v. Md.
Tel. & Telg. Co., 99 Md. 173.

Rule laid down as to extent of city's right to regulate erection of
poles in the streets. City & Suburban Railway Company v. Brush Elec-
tric Co., Daily Record, December 20, 1895.

When action at law is only remedy for injuries to abutting property
by the erection of a pole. Polenk v. Md. Telephone Company, Daily
Record, June 13, 1901.

For further decisions relating to use of streets by tracks, poles and
wires, see,

N. C. Ry. Co. V. M. & C. C. of Balto., 46 Md. 423. Kirby v. Citizens
Ry. Co., 48 Md. 168. Hiss v. Balto. & H. Ry. Co., 52 Md. 242. Hodges
V. B. C. P. Ry. Co., 58 Md. 603. Canton Co. v. B. & O. R. R. Co., 79
Md. 432, State ex rel v. Latrobe, 81 Md. 222. Birch v. Lake Rol. El.
R. R. Co., 83 Md. 369. United Rys. Co. v. Hayes, 92 Md. 490. Lona-
coning v. Consol. Coal Co., 95 Md. 635. B. & O. R. R. Co. v. Baltimore,

98 Md. 536. Consol. Gas Co. v. Balto. Co., 98 Md. 696.

(m) Conduits, Electrical Commission and Kentals

OF Conduits.

1892, ch. 200. P. L. L., (1888) Ai't. 4, sec. S19B.

To provide a series of conduits under the streets, lanes and
alleys of said city, or any part or parts thereof, for the use of tel-
ephone, telegraph, electric light and other wires, either by con-
structing said conduits itself or authorizing their construction
by such person or corporation, upon such terms as may be
agreed upon. To appoint an Electrical Commission, with such
powers and duties as it may deem proper or appropriate for
carrying out the aforesaid provisions of this section relating
to conduits. To require all such wires, or any part or parts
thereof, and the poles carrying the same, to be removed from the
surface of the streets, lanes or alleys of said city, or any part
or parts thereof, and to require such wires to be placed in such
conduits, all under such penalty as it may prescribe. To pre-
scribe and establish reasonable rentals to be paid by any com-
pany or person using any of said conduits, by whomsoever the
same may be constructed, for the use thereof, and to provide
for the collection of such rentals, in addition to the ordinary
processes by such summary methods as it may deem appropriate ;
provided, however, that nothing contained in this Article shall be
deemed or taken to modify or change, in any manner, the provi-
sions of Ordinance Xumber Forty-one, of the Mayor and (.^ity
Council of Baltimore, approved May 9, 1889, or the rights and
privileges granted thereby to the companies therein named or
either of them.

Hor)i)or v. City I'ass. Ry. Co., 85 Md. 110. C. & P. Tel. Co. v. Balti-

rnore, S9 Md. 689. C. & 1'. Tel. Co. v. Baltimore, 90 Md. 038. C. & P.

^Tel. Co. V. Baltimore, 92 Md. 692. Purnell v. McLane, 98 Md. 590.

Of., Edison Co. v. Hooper, 85 Md. 110. Simon's Sons v. Md. Tel. Co.,

99 Md. 173.

(n) Bkidges and Turnpike Koads.

1824, ch. 105. P. L. L., (1860) Art. 4, sec. 857. P. L. L., (1888) Art. 4,

sec. 818.

To purchase, with the County Commissioners of any adjoin-
ing or neighboring counties of said city, all bridges and turn-
pikes roads, or any portions thereof, leading toward said city,
at such times and upon such terms as it and said County Com-
missioners on the one part, and the owner of such bridges and
highways on the other, may mutually agree, and when so pur-
chased all or any of them shall thereafter be free public high-
ways, and as such under the care and management of said city
and said County Commissioners, as they may respectively
provide and stipulate as between them.

Hooper v. President, B. & Y. Turnpike Road, 34 Md. 521. Balto. &
Havre de Grace Turnpike Co. v. Union Ry. Co., 35 Md. 224. Peddi-
cord V. B. C. & E. M. R. R. Co., 34 Md. 463. M. & C. C. of Baltimore
V. Turnpike Co., 80 Md. 541. See Frusli v. Mayor, City Court, Oct. 15,
1874, decision of Brown, C. J.

(o) Cathedral Cemetery.
Kepealed by Act of 1912, chapter 429.

(p) Light Street Bridge.
1886, ch. 24. P. L. L., (1888) Art. 4, sec. 823.

With the County Commissioners of Anne Arundel County,
to cause to be erected and maintained at their joint expense
lamps along and on Light Street Bridge, not more than seventy-
five yards apart ; provided, that there shall be at least one lamp
at each end of the draw of said bridge, and the said lamps shall
be attended to, cleaned, lighted at night and extinguished in
the morning by the keeper of said bridge.

Pumplirey v. Mayor, 47 Md. 145. Mayor, &c. v. Stoll, 52 Md. 435.

See note pages 364-365 City Code (1879).

See Act 1914, ch. 267.

(q) Distributing Poles and Other Similar Structures.

1908, ch. 168.

To erect and construct through the Electrical Commission,
in connection with the underground conduits now in course of
construction by said Commission, distributing poles or other
similar structures ; and to compel and regulate the use of said
poles or other similar structures by individuals and corporations
to the same extent as the Mayor and City Council of Baltimore

can now compel and regulate the use of underground conduits
by individuals or corporations.

(27) SUKVEYOR.

p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825.

To prescribe by ordinance the duties and compensation of
the City Surveyor.

(28) TAXES.

(a) Annual Levy.

1874 eh. 180. P. L. L., (1888) Art. 4, sec. 827.

To levy annually upon the assessable property of the city, by
direct tax, with full power to provide by ordinance for collection
.of the same, such sum of money as may be necessary, in its
judgment, for the j^^^i'pose of defraying the expenses of said
city over and exclusive of all expenses, charges and sums of
money which it is, or shall be required bv law to collect for other
purposes subject to the provisions and limitations herein con-
tained.

St. Mary's Industrial School v. Brown, 45 Md. 329-333. Hopkins v.
Van Wyck, 80 Md. 17. Casualty Ins. Co.'s Case, 82 Md. 561-564. Cf.,
Insurance Co. v. Mayor, &c., 23 Md. 296. Watts v. Port Deposit, 46
Md. 500-505. Mayor, &c. v. Johnson, 62 Md. 225. Hebb v. Moore, 66
Md. 167. B. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 124. Water Co.
V. Westminster, 98 Md. 551.

(b) Peoperty Taxable.

1865, ch, 119. P. L. L., (1888) Art. 4, sec. 828.

To lev}^ and collect taxes upon every description of property
found within the corporate limits of said city, which it is now
authorized by law to levy taxes upon, for the purpose of defray-
ing the expenses of the municipal government, whether the
owners thereof reside within or without the limits of said
corporation; provided that no stocks, bonds, mortgages, certifi-
cates or other evidences of indebtedness of any bank or other
corporation situate within the limits of said city, which are
OAvned or liold by persons residing witbout said limits, shall be
subject to taxation for the purpose above set forth ; and provided
further than no authority is given by this section to impose taxes
on any property which is now or may hereafter be exempted from
taxation by any general or special Act of the General Assembly
of ^Marvlaiul, nor upon any ])V()pcM-ty wliicli may bo stored or
deposited in the City of Baltimore for temporary purposes.

M. & C. C. of Balto. V. B. & O. R. R. Co., 6 Gill 294. Latrobe v.
Mayor, 19 Md. 13. Mayor v. Sterling, 29 Md. 48. The Appeal Tax
Court Cases in 50 Md. Gunther v. Baltimore, 45 Md. 457. Union, &e.,
Co. V. Mayor, 71 Md. 405. Hopkins v. Baker, 78 Md. 363. Postal Tel.
Cable Co. v. Balto,, 79 Md. 502. Park Tax Case. 84 Md. 1. Textor v.
Shipley, 86 Md. 442. Corry v. Baltimore, 96 Md. 322. Balto. City v.
Johnson. 96 Md. 738. Dry Dock Co. v. Baltimore, 97 Md. 103. Con-
solidated Gas Co. V. Baltimore, 101 Md. 541.

For additional decisions bearing upon the construction of this sec-
tion, see,

Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs.,
3 Gill 445. Mayor v. State, 15 Md. 376. Mayor, &c. v. Grand Lodge,
60 Md. 280. Mayor, &c. v. Canton Co.. 63 Md. 218. Bonaparte v. State,
63 Md. 446. Mayor, &c., Balto. v. Hussey, 67 Md. 112. Degner v.
Mayor, &c., 74 Md. 144. Wells v. Hyattsville, 77 Md. 133. County
Commr's v. Winand, 77 Md. 522. U. S. Elec. Light Co. v. State, 79
Md. 63. Simpson v. Hopkins, 82 Md. 478. Myers v. Baltimore County,
83 MQ. 386. Fredk. County v. Fredk. City. 88 Md. 658. Salisbury v,
Jackson, 89 Md. 521. Kinehart v. Howard, 90 Md. 1. Monticello v.
Baltimore City, 90 Md. 426. Balto. City v. Safe Deposit & Trust Co.,
97 Md. 659. Balto City v. Allegheny Co., 99 Md. 1. Cambridge v.
Water Co., 99 Md. 501.

For other cases relating to taxes and taxation, see under sections
4, 36, 40, 42 to 58 inclusive, 145 to 171 inclusive, and 843 of the Charter.

Taxation of Easements by Appeal Tax Court: In Article 81, sections
2, 4, 138 and 141, the Legislature did not intend that such an easement
as the Baltimore and Fredericktown Turnpike Company possesses in its
road-bed in Baltimore City should be assessable by the Appeal Tax Court.

Balto. & Fredk. Turnpike Co. v. Mayor & C. C. of Baltimore, Daily
Record, May 7, 1903,

Arbitrary exemption from taxation void.

Baltimore v. Star Church, 106 Md. 281.

Foreign corporation doing business in State not exempt.
Hannis Dis. Co. v. Balto., 114 Md. 678.

City can increase assessment on land decreed to be sold in Equity.
M. & C. C. V. John S. Gittings, Trustee, 113 Md. 120.

Notice addressed to plaintiff personally, and not as Trustee, is suffi-
cient to inform him of the increase proposed to be made in the assess-
ment and his remedy is by appeal to City Court and not to apply to a
Court of Equity.

M. & C. C. V. Gittings, 113 Md. 120.

1880, ch. 187. P. L. L., (1888) Art. 4, sec. 829. 1912, ch. 32.

To provide by general ordinance, whenever it shall seem
expedient for the encouragement of the growth and develop-
ment of manufactures and manufacturing industry in the said
city, for the abatement of any or all taxes levied by authority
of the said Mayor and City Council of Baltimore, or by ordi-
nance thereof, for any of the corporate uses thereof, upon any or

all personal property of every description ov/ned by any indi-
vidual, lirm or corporation in said city, and property subject to
valuation and taxation therein, including mechanical tools or
implements, whether worked by hand or steam or other motive
power, machinery, manufacturing apparatus or engines, raw
materials on hand, stock in trade, bills receivable, and business
credits of every kind, which said personal property shall be
actually employed or used in the business of manufacturing in
said city; provided that such abatement shall be extended to
all persons, firms and corporations engaged in the branches of
manufacturing industry proposed to be benefited by any ordi-
nance passed imder the provisions of this paragraph of this
section. Any taxes so abated shall be deducted from the taxes
payable upon the capital stock, taxable in said city, of manufac-
turing corporations, incorporated under the laws of the State
of Maryland and located in said city; but nothing herein con-
tained shall affect in any way the taxes that are now or may
hereafter be payable by law to the State of Maryland or any
of the counties or municipalities of the State on the capital
stock of manufacturing corporations, incorporated under the
laws of this State and located in Baltimore City. It shall be
the duty of the Appeal Tax Court to make such abatement of
taxes, levied as aforesaid, as may be authorized and directed
by ordinance, as aforesaid; provided that application for such
abatement as aforesaid shall be made by the party applying for
the same before the annual revision and correction of the tax
lists for the year in which said applicant desires such abatement,
but it shall not be necessary for the applicant to renew his
application from year to year. Said application shall be verified
to the satisfaction of said court by the oath of the party applying
for the same or other satisfactory evidence. Said court shall
further keep a record of all abatements made by it as aforesaid
and report in writing the aggregate amount thereof to the "Mayor
and City Council of P>altiniore on or before the fifteenth day of
October in each year.

Consol. Gas Co. v. Mayor & C. C. of Balto., 62 Md. 5SS. r/.. Wells v.
Hyattsville. 77 Md. 125. Electric Light Co. v. Frederick City, 84 Md. 5fl0.

(ll) COT.T-KCTION OF TaXKS.

ISIO, cii. (>'.i. 1S74. eh. :;'.). r. L. L., (1800) Art. 4. s(>c. S7:{. P. L. 1-

(1S8S) Art. 4, sees. 830, 831.

To extend the limits of direct taxation within the said city,
from time to time, as it sli:ill deem oxpcdicnt. To liiivc power
to provide bv ordiiiaiifo or otherwise for tlio pmmpt colloction

of taxes due the city, and have power to sell real estate, as well
as personal property, for the payment of taxes.

Mayor, &c. v. Howard, G H. & J. 383. Dugaii v. Mayor, 1 G. & J. 499.
Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs., 3
Gill 445. Eschbach v. Pitts, 6 Md. 71. Latrobe v. Mayor, 19 Md. 13.
Appeal Tax Court v. W. M. R. K. Co.. 50 Md. 274. Appeal Tax Court
V. Patterson. 50 Md. 354. Baltimore v. Hussey, 67 Md. 112. Union,
&c., Co. V. Mayor. 71 Md. 23S. Degner v. Mayor, 74 Md. 144. Parlett v.
Dugan, 85 Md. 407. Textor v. Shipley, 86 Md. 442.

In relation to collection of taxes generally, sec,

Tuck V. Calvert, 33 Md. 209. Dashiell v. Mayor, 45 Md. 613. Wheeler
V. Addison. 54 Md. 41. County Commissioners v. Union IVIining Co.. 61
Md. 545. Hebb v. Moore, 66 Md. 167. Condon v. Mayuard. 71 Md. 601.
Faust v. Building Ass'n., 84 Md. 186. Fowble v. Kemp, 92 Md. 628.

(29) THEATRICAL AITD OTHER PUBLIC AMUSE-
MENTS.

p. L. L., (1860) Art. 4, sec. 906. P. L. L., (1888) Art. 4, sec. 665.

To provide for licensing, regulating and restraining theatrical
or other public amusements within the City of Baltimore.

(30) WATER.

(a) AcQuisiTiOiV OF Land and Watercourses.

1853, ch. 376. P. L. L., (1860) Art. 4. sec. 928. P. L. L., (1888) Art. 4,

sec. 915.

To establish, operate, maintain and control a system of water
supply for Baltimore City, and to pass all ordinances necessary
in the premises. From time to time to contract for, purchase,
lease, and hold, in fee simple, or for a term of years, any land,
real estate, spring, brook, water, watercourse, and also the right
to use and occupy, forever or for a term of years, any land,
real estate, spring, brook, water or watercourse which it ma,y
conceive expedient and necessary for the purpose of conveying
water into the said city for the use of the said city and for the
health and convenience of the inhabitants thereof, and also the
right to enter and pass through, from time to time, as occasion
may require, and to use and occupy the said lands, through which
it may deem necessary to convey the said water ; and it is hereby
invested with all the rights and powers necessary for the intro-
duction of water into said city, and to enact and pass all ordi-
nances from time to time, which shall be deemed necessary and
proper to exercise the powers and effect the objects above
specified.

Mayor. &c. v. Appold, 42 Md. 442. Mayor, &c. v. Warren Mfg. Co.,
59 Md. 96. Baltimore City v. Merryman, 86 Md. 591. Of., Baltimore

V. Ritchie, 51 Md. 232. Consolidated Gas Co. v. Balto. County, 98 Md.
695. Callaway v. Baltimore City, 99 Md. 316.

Where a municipality furnished water gratuitously to be used in
extinguishing fires it acts in a governmental capacitj' and is not liable
for negligence in connection with its water works.

Wallace v. Baltimore City, 123 Md. 638.

See Act of 1908. ch. 214, quoted in sees. 826z, to 826pp., both inclusive.

Condemnation Proceedings to Acquire Land, etc., for Water Supply.
— Measure of Damages and how to be Estimated.
Brack v. Baltimore, 125 Md. — .

(b) Sale of Water.

1882, ch. 225. P. L. L., (1888) Art. 4, sec. 916.

To contract with individuals, firms or corporations for the

use of the water of said city, on such terms and for such time

as it may deem proper and expedient.

Baltimore City v. Day, 89 Md. 555.

ment.

P. L. L., (1860) Art. 4, sec. 929. P. L. L., (1888) Art. 4, sec. 917.

The Mayor and City Council of Baltimore, or any agent

authorized by it, may agree with the o\\Tier of any land, real

estate, spring, brook, water or watercourse, as aforesaid, earth,

timber, stone or other materials which it may conceive expedient

or necessary to purchase and hold, for the purpose of introducing

water into the City of Baltimore.

Baltimore City v. Day, 89 Md. 551.

(d) Or, May Acquire Same by Condemnation Proceedings.

1853, ch. 376. P. L. L., (1860) Art. 4, sec. 930. P. L. L., (1888) Art. 4.

sec. 918.

If they cannot agree, or if there be any incapacity or disability
to contract with the owner of such land or real estate, spring,
brook, water or watercourse as aforesaid, earth, timber, stone, or
other materials, or with the owner of such lands through which
the said city may find it necessary to have a right of entry and
passage, for the purpose of conveying the said water into the said
city, or if such owner should be absent, out of the State, or
unknown, it shall be lawful, on application of the city, for any
Justice of the Peace of the county in which said lands, eartli
or other property or materials as aforesaid are situate, to issue
his warrant to tlie SlierilV, of said county, commanding him to
summon from the said county a jury of twenty freeliolders,
inhabitants of said county, not related to the owner or persons

interested, as aforesaid, in the said real estate, or other property,
to meet on the premises which are to be valued, on some certain
day to be named in said warrant, of which said warrant and
the day therein named for the meeting of the jury, twenty days'
notice shall be given previous to such day by the city to every
owner or person interested, as aforesaid, or if any owner be an
infant or lunatic, or feme covert, to his or her guardian or her
husband, or in either case left at his or her place of abode, or
if out of the State or unknown, such notice shall be published
not less than eight weeks successively in some one or more of
the daily newspapers of Baltimore City, and in some one or
more of the newspapers of the county in which said property
may be located, if any newspapers be published in such county.
Graff V. Mayor, 10 Md. 544. Kane v. Mayor, 15 Md. 240. Taylor v.
Mayor, 45 Md. 576. Mayor, &c. v. Warren Mfg. Co., 59 Md. 96. Balto.
City V. Merryman, 86 Md. 591. C/., Baltimore v. Ritchie, 51 Md. 233.
Helfrich v. Catonsville W. Co., 74 Md. 269.

(e) Selection of Jury.

P. L. L., (I860) Art. 4, sec. 931. P. L. L., (1888) Art. 4, sec. 919.

From the list of jurors so returned and attending, the person,
the condemnation of whose property may be desired, may strike
four, and the said city may strike four, so that the number of
jurors be reduced to twelve, and in case either party shall neglect
or refuse to strike off the names of jurors, then it shall be the
duty of the Sheriff or his deputy, who shall attend as herein-
before directed, to strike off jurors for the party so refusing or
neglecting, so that the number of jurors be reduced to twelve as
aforesaid.

(f) Duty of Jury.

P. L. L., (I860) Art. 4, sec. 932. P. L. L., (1888) Art. 4, see. 920.

The jurors so remaining shall inquire into, assess and
ascertain the sum of money to be paid by the said city for land,
spring, brook, water rights or other property which it may deem
necessary to purchase and hold or use for the purpose aforesaid.

(g) Oath.

P. L. L., (1860) Art. 4, sec. 933. P. L. L., (1888) Art. 4, sec. 921.

Before the said jury act as such the said Sheriff or his
deputy shall administer to each of them an oath that he will
justly and impartially value the damages which the owners or
parties holding an interest therein will sustain by the use and
occupation of said property by the city.

(h) Inquisition.
P. L. L., (I860) Art 4, sec. 934. P. L. L., (18SS) Ai-t. 4, sec. 922.
The said jury shall reduce their inquisition to writing and
shall sign and seal the same, and it shall then be returned by
said Sheriff to the Clerk of the Circuit Court for said county,
and be filed by such clerk in his office, and shall be confirmed by
said court at its next session, if no sufficient cause to the con-
trary be shown ; and when confirmed shall be recorded by the
said clerk at the expense of the city.

(i) Duty of Court,

p. L. L.. (I860) Art. 4, sec. 935. 1876, ch. 19. P. L. L., (1888) Art. 4,

sec. 923. 1912, ch. 32.

Within ten days after the return of said inquisition to said
court, exceptions may be filed, in writing, by any party inter-
ested, showing cause why said inquisition should not be con-
firmed. If said exceptions be filed, the court shall cause the
whole matter to be tried de novo before a jury to be selected
and impaneled as juries in ordinary cases at law, and the trial
shall be governed by the same rules as to the admission of
evidence and instructions to the jury as apply in ordinary law
cases. Upon request of any party to the proceedings, or any
juror, the jury may be sent to view the premises, under such
regulations as the court may, by general rule or special order,
provide. From any decision on matter of law made by said
court, during such trial, an appeal may be taken to the Court
of Appeals, provided, that such appeal be taken within ten days
after such decision shall be made, and the Court of Appeals
may award costs to either party in its discretion.

Taylor v. Mayor, 45 Md. 576.

(j) Property Condemned.
P. L. L., (I860) Art. 4, sec. 936. P. L. L., (1888) Art. 4, sec. 924.
The inquisition shall describe the property taken or the
bounds of the land condemned, and the quantity or duration of
the interest in the same, valued to the city ; and such valuation,
when paid or tendered to the o\vner of said property, or his
legal representative, shall entitle the city to the use, estate and
interest in the same thus valued, as fully as if it had been
conveyed by tlie owner of the same; and the valuation, if not
received when tendei-ed, may at any time thereafter be received
from the city, without interest, by the said owner or liis legal

representative.

Mayor, &c. v. Warren Mfg. Co., 59 Md. 96.

(k) Selection of Jury.

p. L. L., (1860) Art. 4, sec. 937. P. L. L., (1888) Art. 4, sec. 925.

If the twenty jurors summoned as aforesaid shall not appear
at the time and place as aforesaid the Sheriff or his deputy, as
the case may be, shall forthwith summon other freeholders of
the county, from the bystanders or others qualified as aforesaid,
to make up the said jury to the number of twelve.

(l) Compensation of Juroks and Sheriff.
P. L. L., (1860) Art. 4, sec. 938. P. L. L., (1888) Art. 4, sec. 926.

The jurors so summoned and attending shall be allowed the
same compensation as is allowed to the jurors in the Circuit
Court for the county, and the Sheriff shall be allowed similar
fees as are allowed by law for the summoning jurors to attend
Circuit Court for the county, and also a per diem of two dollars
for every day he or his deputy shall be in attendance upon an
inquisition ; and such expenses shall be paid by the city, except
in cases of objection to the confirmation of inquisitions before
the Circuit Court, when the costs in said Court may be awarded
in the discretion of the Court.

Paragraphs D to L, both inclusive, superseded by Act of 1914, ch. 463.
quoted in Appendix.

(m) Water Stock.

1870, ch. 24. P. L. L., (1888) Art. 4, sec. 927.

For the purpose of defraying all the expenses and costs of
lands, waters and water rights as have been taken for the
purposes aforesaid, and of constructing all works necessary to
the accomplishment of said piirposes, and all expenses incident
thereto, the said city shall have authority, in the name of the
city, to issue certificates of debt, to be denominated on the face
Baltimore Water Stock to an amount not exceeding five million
dollars bearing interest not exceeding six per cent, per annum,
and to provide by ordinance for the redemption of the same at
a certain time, under such provisions as the city may deem
expedient and proper. The said city is authorized and empow-
ered to assess rates for the supply and use of water at any point
in Baltimore City or County, and also to enforce payment for
the use of water, and other expenses incurred in the introduction
of water from the water mains, according to the rates established
by the said city, said payments to be enforced by the same
process that city or State taxes are collected, or that may be
collected by process before a Justice of the Peace, or in any of

the Courts of the Citv of Baltimore havinc' iurisdiction in such
cases. The said city is authorized and empowered to appoint
watchmen or such police force as may be necessary for the
protection of its water works iu the City and County of Balti-
more, and to impose fines and penalties for interference with
or injui'v to the works or their appendages. To prevent the
water from being obstructed or contaminated, and to prohibit
all meddling or tampering with the water works and their
appurtenances ; said fines and penalties shall be enforced and
collected as other fines and penalties are enforced and collected
by law.

No authority to issue loan under.

Baltimore v. Bond, 104 Md. 590.

(n) Water Bonds.
1886, ch. 121. p. L. L., (1888) Art. 4, sec. 928.

To issue bonds or certificates of indebtedness to an amount
not exceeding one million dollars, from time to time, as the same
nuiy be required, payable at such time and bearing such rate of
interest not exceeding five per cent, per annum as the said city
shall provide by ordinance, the proceeds of the said bonds or
certificates of indebtedness to be applied to the purpose of con-
structing and completing Lake Clifton, as proposed to be con-
structed on the line of the work of the inti-oduction of the water
of the Gunpowder Falls to the City of Baltimore, and for the
acquisition of the necessary land in Baltimore County, whereon
to locate one or more reser\'oirs, and for the construction of said
reservoir or reservoirs, and for obtaining such ])iiiiii)ing
machinery as may be necessary in connection therewith, and for
procuring and laying of iron pipes or mains for the purpose of
distributing said water to the inhabitants of said city; ])rovidcd,
however, that the said bonds or certificates of indel)tedness shall
not be issued until the ordinance which the city is authorized
to enact for such issue shall be approved by a majority of the
legal voters of Baltimore City, at the time and place to be
appointed by said ordinance in the provisions for submitting the
same to the legal voters of said city, as required by section 7
of Article XI of the Constitution of tlie State.

fo) Watki; System in Annex and Sihik-bs.

I'. [.. I... (IstiOi Art. 4, sec. 940. V. L. T>.. (188S| Art. I. s<-<-. OI'.O. 1888,

ch. 98, .sec. 2.^.

Before the city shall lay any water j)ij)es along any street,
road, lane or avenue in the territory annexed to the City of

Baltimore under the provisions of the Act of 1888, Chapter 98,
upon which the Catonsville Water Company has laid its pipes
and other water appliances, the said city shall, if said company
desires to surrender said pipes and water appliances in such
street, road, lane or avenue, to the city, pay to the said company
the fair value of its water pipes and other water appliances con-
structed in said street, lane, road or avenue, and such actual
damages to the said company as shall be caused by the acquisition
of said pipes and appliances by the city ; and the amount so to
be paid, if the said company and the said city cannot agree in
reference, thereto, shall be ascertained by a majority of a board
of three arbitrators, one to be appointed by the city, and one by
said company, and the two arbitrators thus appointed shall
appoint the third arbitrator ; and if they cannot agree upon such
third arbitrator the latter shall be appointed by the Governor of
the State; provided, whenever the Mayor and City Council of
Baltimore shall extend its water mains for the purpose of
supplying water therein into the territory of Baltimore County
previously occupied by some other w^ater company then supply-
ing water to residents of such locality, said Mayor and City
Council of Baltimore, before it shall supply water to users in
said territory, shall purchase or condemn the water pipes and
rights of said local water company. To purchase all the
property, rights, estates and privileges of any chartered company
authorized to introduce, or which may hereafter be authorized to
introduce, water into said city, upon such terms as may be
agreed upon by the city and such corporation or corporations,
in the manner prescribed in their respective charters, or in the
absence of such provisions, as shall be agreed upon by the said
city and such corporation or corporations ; and such corporation
is authorized to execute a conveyance to the city of all the
franchises and property of said corporation ; and all such rights,
privileges and franchises shall be vested in the Mayor and City
Council of Baltimore, to be held, exercised and enjoyed by the
said city as fully in every respect as might or could have been
done by any such corporation or corporations under their re-
spective charters.

Balto. City v. Balto. Co. Water & Electric Co., 95 Aid. 242.

(31) Welfare and Other Powers.

The foregoing or other enumeration of powers in this Article
shall not be held to limit the power of the Mayor and City
Council of Baltimore, in addition thereto to pass all ordinances
not inconsistent with the provisions of this Article or the laws of

tlie State as may be proper in executing any of the powers, either
express or implied, enumerated in this section and elsewhere in
this Article, as well as such ordinances as it may deem expedient
in maintaining the peace, good government, health and welfare
of the City of Baltimore ; and it may provide for the enforce-
ment of all such ordinances by such penalties and imprisonments
as may be prescribed by ordinance ; but no fine shall exceed five
hundred dollars, nor imprisonment exceed twelve months for
any offense.

Bostock V. Sams. 95 Md. 415. C/., Commrs. of Easton v. Covey, 74
Md. 262. Deems v. Mayor & C. C. of Balto., SO Md. 164.

Regulations conceruing the removal of garbage and offal are valid
exercise of the police power.

Wm. R. Schultz v. State of Maryland, 112 Md. 211.
Ordinance passed in pursuance of provision of Charter has same effect
as Act of Legislature, and supersedes within city limits provision of
State Law.

Gould V. Baltimore, 119 Md. 534.

1908, ch. 54.

6A. Whenever the Mayor and City Council of Baltimore
shall condemn any land for a street, square, lane, alley, bridge or
its approaches, or reservoir, or for an esplanade, boulevard,
parkway, parkgrounds or public reservation around, adjacent,
opposite or in proximity, or leading to a public building or
buildings, or land adjoining such esplanade, boulevard, parkway,
park grounds, or public reservation as authorized by the next
preceding section, or for a schoolhouse, engine house, courthouse
or market, or shall condemn any land for the purpose of erecting
thereon any building, structure or improvement of any descrip-
tion, intended for a public or municipal use or uses, in all such
cases the absolute and unqualified fee simple title to such land,
or, when the proceeding is in personam, all the right, title and
interest of the owner or owners who are made parties to the
proceeding, if they should not be the owners of the entire fee
simple title, shall be condemned and acquired, so that neither the
said land nor any interest therein, sliall under any circumstances
revert to the person or persons who shall be the owner or owners
thereof at the time of the condemnation, or who shall be parties
to such proceeding in personam, nor to any person or per-sons
claiming under him, her or them ; provided, however, tlint wlien
the condemnation slmll l)f' provided for by ordinance, tlic Mayor
and City Council of Baltimore may determine, and in (lie ordi-
nance providing for the condemnation declare, that an interest
for a fixed and liiiiit<'d pi ridd (»f time \\ill sullico for the purpose

or purposes for which the property is to be acquired, and under
such circumstances, only such interest shall be condemned and
acquired.

1910, ch. 571.

6B. The jMayor and City Council of Baltimore shall have
full power and authority to establish or maintain, directly or
by contract, reasonable facilities for the public recreation.

FKANCHISES.

7. The title of the Mayor and City Council of Baltimore,

in and to its water front, wharf property, land under water,

public landings, wharves and docks, highways, avenues, streets,

lanes, alleys and parks, is hereby declared to be inalienable.

Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane,
98 Md. 591. Brauer v. Refrigerating Co., 99 Md. 380. C/., Westmins-
ter Water Co. v. Westminster, 98 Md. 551.

1904, ch. 616. 1906, ch. 152.

8. The Mayor and City Council of Baltimore may grant for
a limited time and subject to the limitations and conditions con-
tained in this Article, specific franchises or rights in or relating
to any of the public property or places mentioned in the preced-
ing section; provided that such grant is in compliance with the
requirements of this Article, and that the terms and conditions
of the grant shall have first been authorized and set forth in an
ordinance duly passed by the city. Every such grant shall
specifically set forth, define the nature, extent and duration of
the franchise or right thereby granted, and no franchise or right
shall pass by implication under any such grant ; and, notAvith-
standing any such grant the Mayor and City Council of Balti-
more shall at all times have and retain the power and right to
reasonably regulate in the public interest the exercise of the
franchise or right so granted ; and the said Mayor and City
Council of Baltimore shall not have the power by grant or
ordinance to divest itself of the right or power to so regulate the
the exercise of such franchise or right. But no franchise shall
be gi'anted for the erection on any of the streets, lanes, or alleys
of the said city of any awning poles, posts, hitching posts, barber
poles, railings, stepping stones, sign posts, horse troughs, clocks,
stands of any character, or cellar doors or coal holes, unless the
same be flush with the pavement ; nor shall any franchise be
granted for an open area, unless the same is used as a means of
entrance to buildings used primarily for purposes of residence,

and only in such case when the same does not extend more than
three and one-half feet from the building line.

Towusend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane,

98 Md. 589. Simon's Sons v. Md. Telephone Co., 99 Md. 141. Brauer
V. Refrigerating Co., 99 Md. 380. Storck v. Baltimore City, 101 Md. 476,

In relation generallj' to franchises granted by the municipality, see:

Baltimore v. Clunet, 24 Md. 469. N. Balto. Pass. R. R. Co. v. N. Ave.

Ry. Co., 74 Md. 243. N. Balto. Pass. R. R. Co. v. Baltimore, 74 Md. 250.

Bonaparte v. Lake Rol. Elv. R. R. Co., 75 Md. 340. Lake Rol. Elv.

R. R. Co. V. Balto., 77 Md. 372-379. State ex rel. v. Latrobe, 81 Md. 222.

Park Tax Case, 84 Md. 1. Hooper v. Balto. City Pass. Ry. Co., 85 Md.

509. Bear Creek Co. v. Baltimore City, 87 Md. 84. Baltimore City v.

N. C. Ry. Co., 88 Md. 691. Ches. & Pot. Telephone Co. v. Baltimore City,

S9 Md. 689. Mealey v. Mayor of Hagerstown, 92 Md. 752. Balto. County

Water Co. v. Baltimore, 95 Md. 242. Consolidated Gas Co. v. Schreiber,

99 Md. 403. Referred to in The Patapsco Electric Co. v. M. & C. C,
110 Md. 310.

Terms and CoNDiTiOoSrs of Grants and Franchises.

9. ]^o franchise or right in relation to any highway, avenue,
street, lane or alley, either on, above or below the surface of the
same, shall be granted by the Mayor and City Council of Balti-
more to any person or corporation for a longer period than
twenty-five years, but such grant may, at the option of the city,
provide for giving to the grantee the right, on fair re-valuation,
including in such re-valuation the value derived from the said
franchise or right, to renewals not exceeding in the aggregate
twenty-five years. Such grant may provide that upon the
tei-mination of the said franchise or right granted by the City,
the plant, as well as the property of the grantee situated in,
above or under the highways, avenues, streets, lanes or alleys
aforesaid, with its appurtenances, shall thereupon be and become
the property of the city, without further or other compensation
to the grantee ; or such grant may provide that upon such deter-
mination, there shall be a fair valuation of the plant and
property, which shall be and become the property of the city
at its election, on paying the grantee said valuation. If, by
virtue of the grant, the plant and property are to become the
property of the city, without money payment therefor, the city
shall have the option, either to take and operate the said
property on its own account, or to renew the said grant for not
exceeding twenty-five years on a re-valuation, or sell the same
to the higliest l)iclc]or at public sale. If the originnl grant shall
prescrilK! that the Mayor and City Conncnl of iialtiiiioro shall
at its C'loctir)!! make payment for such plant and property, sucli
payment shall ]»• at a fair valuation of the same as property,

excluding any value derived from the franchise or right and if
the city shall make payment for such plant and property, it may,
in that event, operate the plant and property on its own account
for five years, after which it may determine either to continue
such operation on its own account or to lease the said plant and
property and the said franchise or right to use the highways,
avenues, streets, lanes and alleys or other public property in
connection therewith, for limited periods, under such rules and
regulations as it may prescribe, or to sell the plant and property
to the highest bidder at public sale. Every grant of any such
franchise or right shall make provision, by way of forfeiture or
otherwise, of the grant for the purpose of compelling compliance
with the terms of the grant, and to secure efficiency of public
service at reasonable rates, and the maintenance of the property
in good condition, throughout the full term of the grant. The
grant shall also specify the mode of determining the valuations
and re-valuations which may be provided for therein.

Purnell v. McLane, 98 Md. 589. Brauer v. Refrigerating Co., 99 Md.
380. Consolidated Gas Co. v. Sclireiber, 99 Md. 403. Cf., Mealy v.
Mayor of Hagerstown, 92 Md. 741.

1900, cli. 109.

10. Before any grant of the franchises or right to use any
highway, avenue, street, lane or alley, or other public property,
either on, above or below the surface of the same shall be made,
the proposed specific grant, except as provided in the proviso to
section 37 of this Article, embodied in the form of a brief adver-
tisement, prepared by the Board of Estimates, at the expense
of the applicant, shall be published by the Comptroller for at
least three days in one daily newspaper published in Baltimore
City to be designated by the Board of Estimates, and all the
provisions of section 37 of this Article shall be complied with.

Purnell v. McLane, 98 Md. 591. Brauer v. Refrigerator Co., 99 Md. 380.

Turnpikes and private streets are held to come under this Section
when used for the purpose of supplying electric current by means of
wires and poles.

The Patapsco Electric Co. v. M. & C. C, 110 Md. 310.

11. When the grant of a franchise or right is made in com-
pliance with the aforegoing sections, the Mayor and City Council
of Baltimore shall not part with, but shall expressly reserve the
right and duty, at all times, to exercise, in the interest of the
public, full municipal superintendence, regulation and control,
in respect to all matters connected with said grant and not incon-
sistent with the terms thereof.

Purnell v. McLaue, 98 Md. 591. Brauer v. Refrigeiatiug Co., 99 Md.
380. Cf., N. C. Ry. Co. v. Baltimore, 21 Md. 104.

12. Sections 8, 9, 10 and 11 of this Article shall apply to
any renewal or extension of the grant or leasing of the property
to the same grantee or to others.

1910, ch. 593. 1912, ch. 32.

13. l^othing contained in this Article shall prevent the
Mayor and City Council of Baltimore, from, in any manner,
disposing of any building or parcel of land no longer needed for
public use; provided, that such disposition shall be authorized
and provided for by ordinance, and shall be approved by the
Commissioners of Finance by their uniting in the conveyance
thereof, and shall be made at public sale, unless a private sale be
expressly authorized by the Board of Estimates and so entered
on their minutes ; nor from renting for fixed and limited terms
any of its property not needed for public purposes, on approval
of the Commissioners of Finance.

For decisions in relation to disposition of its lands and property by
the municipality, see,

Rittenhouse v. Mayor, 25 Md. 336. Newbold v. Glenn. 67 Md. -489.
Kilpatricli v. M. & C. C. of Balto., 81 Md. 195. Davidson v. Balto. City,
96 Md. 509.

City may rent city property for entertainments at times when not
needed for public purposes.

Gottleib Knabe Co. v. Macklin, 109 Md. 429.

1912, ch. 429.

14. Hereafter, in contracting for any public work, or the
purchase of any supplies or materials, involving an expenditure
of five hundred dollars or more for the citv, or bv any of the
city departments, sub-departments, or municipal officers not cm-
braced in a department, or special commissions or boards, unless
otherwise provided for in this article, advertisements for pro-
posals for the same, shall be first published in two or more daily
newspapers published in Baltimore City, twice or of toner, the
first publication to be made not less than ten nor more tlian
twenty days prior to the day set for opening the bids ; and the
contract for doing said work or furnishing said supplies or
materials, shall be awarded by the board provided for in the
next section of this article, and in the mode and manner as
therein prescribed.

American I>iKhtin>c Co. v. McCuen, 92 Md. 702. Packard v. Hayes, 04
Md. 2'.',?,. Smith v. Hayes, 98 Md. 4^5. ]5iiil(llii;,' Siii)|)ly ("o. v. Baltimore
City, 100 Mil. i!)2. Flack v. M. & C, C. of iialto.. 104 Md. 130.

As to cases arising out of contracts witli city prior to the enactment
of the New City Charter, see the following:

Baltimore v. Eschbach, 18 Md. 276. Mayor &c. v. Reynolds, 20 Md.
1. Mayor v. B. & O. R. R. Co., 21 Md. 52. Rittenhouse v. M. & C. C.
of Balto., 25 Md. 336. Mayor v. Musgrave, 48 Md. 272. Mayor, &c. v.
Weatherby, 52 Md. 442. Kelly v. Mayor, 53 Md, 134. Morgan v. M. &
C. C. of Balto., 58 Md. 509. Baltimore v. Raymo, 68 Md. 569. Wilson
V. Balto. City, 83 Md. 203. See further. Mealy v. M. & C. C. of Hagers-
town, 92 Md. 741. See also cases under Section 15, post.
Alternative system of bidding.

Baltimore City v. Flack, 104 Md. 130.
Selection of material for paving. — Discretion to choose between several
kinds may be delegated.

Baltimore v. Gahan, 104 Md. 157.
Notice must be published in English language, unless notice published
as required, award of contract will be enjoined.

Bennett v. City, 106 Md. 485.
When the lowest bid is not in conformity with the specifications as
advertised, the contract may be awarded to the next lowest bidder.
Maryland Pavement Co. v. Mahool, 110 Md. 397.
The purchases by the Board of Police Commissioners included in their
estimate of expenses are not subject to the provisions of this Section
and Section 36B construed in connection with Section 747.
Thrift V. Ammidon, 125 Md. — .

1908, ch. 163.

15. All bids made to the Major and City Council of Balti-
more for supplies or work for any purpose whatever, unless
otherwise provided in this article, shall be opened by a board, or
a majority of them, consisting of the Mayor, who shall be presi-
dent of the same, the Comptroller, City Register, City Solicitor,
and the President of the Second Branch, which board, or
majority of them, shall, after opening said bids, award the
contract to the lowest responsible bidder, provided, however,
that whenever alternative bids are invited for two or more
different things, then the said board shall have power and
authority, in its discretion, after all bids have been opened, to
select the particular thing which shall be adopted, and thereupon
the said board shall award the contract to the lowest responsible
bidder for and upon the particular thing so selected, and any
recommendations which may be made by any department, sub-
department, municipal officers not embraced in a department, spe-
cial commission or board as to the particular thing to be selected
by said board, shall be advisory only, and not binding upon said
board ; provided, however, that nothing in this Act relative to
alternative bidding shall apply to the Annex Improvement Com-
mission created by chapter 274 of the Acts of 1904, providing
for the Annex loan subsequently approved by the people of
Baltimore City. Bids when filed shall be irrevocable. The

successful bidder shall promptly execute a formal contract to be
approved as to its form, terms and conditions by the City
Solicitor, and he shall also execute and deliver to the Maj^or a
good and sufficient bond to be approved by the Ma^^or in the
amount of the contract price. To all such bids there shall be
attached a certified check of the bidder upon some clearing
house bank, and the bidder who has had the contract awarded
to him, and who fails to promptly and properly execute the
required contract and bond shall forfeit said check. The said
check shall be taken and considered as liquidated damages, and
not a penalty, for failure of said bidder to execute said contract
and bond. Upon the execution of said contract and bond by
the successful bidder, the said check shall be returned to him.
The amount of said check shall be five hundred dollars, unless
otherwise provided by ordinance, or an order or regulation of
the department for whose use the bids are made and contract
entered into. The checks of the unsuccessful bidders shall be
returned to them after opening the bids and awarding the con-
tract to the successful bidder.

American Lighting Co. v. McCuen, 92 Md. 705. Packard v. Hayes. 94
Md. 233. Smith v. Hayes, 98 Md. 485. Callaway v. Baltimore, 99 Md.
315. Building Supply Co. v. Baltimore City, 100 Md. 192. Flack v.
Mayor, etc., Baltimore, 104 Md. 130.

When the lowest bid is not in conformity with the specifications a9
advertised, the contract may be awarded to the next lowest bidder.
Maryland Pavement Co. v. Mahool, 130 Md. 397.

In the absence of fraud or collusion, decision of Board of Awards on
responsibility of "bidder conclusive.

Knight v. M. & C. C, Daily Record, July 1, 1913.

The bid is irrevocable and cannot be withdrawn or altered after filing.
Baltimore v. Robinson, 123 Md. 660.

The certified check deposited at the time of filing a bid is forfeited
if the bidder fails to execute the contract and furnish the requisite bond.
Baltimore v. Robinson, 123 Md. 660.

P. L. L., (1888) Art. 4, sec. 7. 1914, ch. 512.

16. The inhabitants of the City of Baltimore qualified to
vote for members of the House of Delegates shall, on the
Tuesday next after the first Monday in May, eighteen hinidrod
and ninety-nine, and on the same day and month in every fourth
year thereafter, elect by ballot a person of known iutegrity,
experience and sound judgment, over twenty-five years of age,
a citizen of the United States, and ten years a resident of said
City next preceding the election, and either assesscvl with
property in said city to the amount of two thousand dollars,
and who has paid tsixcs thereon for two years preceding his
election, or who has hitherto held elective, e.\ecutivo or legisla-

tive office under the Government of the United States or the
State of Maryland, or the City of Baltimore, to be Mayor of
the City of Baltimore ; but the Mayor chosen at the first election
under this section shall not enter upon the discharge of the
duties of the office until the expiration of the term of which the
present Mayor was elected, unless the said office of Mayor shall
become vacant by death, resignation, removal from the State or
other disqualification of the present Mayor.

17. Prior to every municipal election, as provided for in
this Article, there shall be, on the first and second Mondays of
April, a supplementary registration of voters of Baltimore City,
which registration shall be under the supervision of the Super-
visors of Election, and conducted in conformity with the pro-
visions of the law then in force relating to the registration of
voters. On each day of said registration the registers shall
revise the list of registered voters made at their last regular
sitting, by adding the names of those persons who are entitled
to registration at that time, and striking from said registration
lists the names of those persons who have died or become dis-
qualified since the said last sitting^ and the registration lists
used at the preceding November election, after being revised as
herein directed, shall be used at the municipal election in May.

18. In case of vacancy in the office of Mayor by death, resig-
nation or permanent disqualification, the President of the
Second Branch of the City Council shall be Mayor for the
residue of the term for which the said Mayor was elected.

19. In case of sickness or necessary absence of the Mayor,
the President of the Second Branch of the City Council shall
be ex ojficio Mayor of the City during the continuance of said
sickness or necessary absence.

20. The term of Mayor shall commence on the Tuesday next
after the third Monday of May succeeding his election, and
continue for four years, and until his successor shall be elected
and qualified, and he shall receive a salary of six thousand
dollars per annum, payable monthly. He may appoint such
persons to aid him in the discharge of his duties as may be
prescribed by ordinance.

1906, ch. 420.

20A. Hereafter, all checks of the Mayor and City Council
of Baltimore shall be signed by the City Register and counter-

signed by either the Mayor or the City Comptroller and all
bonds executed in favor of the Mayor and City Council of Balti-
more shall be approved either by the Mayor or by the City Comp-
troller, and all contracts relative to the respective departments of
the City Government, sub-departments, municipal officers not
embraced in a department, special commissions or boards, sliall
be executed on behalf of the Mayor and City Council of Balti-
more by either the Mayor or the respective heads of said depart-
ments, sub-departments, municipal officers not embraced in a
department, special commissions or boards, or the chairman or
President as the case may be, of said special commissions or
boards.

P. L. L., (I860) Art. 4, sec. 8. P. L. L., (1888) Art. 4, sec. 11.

21. The Mayor, by virtue of his office, shall have all the
jurisdiction and power, as a conservator of the peace, of a
Justice of the Peace, and may call upon any officer of the city
entrusted with the receipt or expenditure of public money, for
a statement of his account as often as he may think necessary,
and may at any time by expert accountants and bookkeepers,
examine the books and accounts of any department, sub-depart-
ment, municipal board, officer, assistant, clerk, subordinate or
employe.

Mayor, &c. v. Dechert, 32 Md. 369.

P. L. L., (1860) Art. 4, sec. 9. P. L. L., (1888) Art. 4, sec. 12.

22. The Mayor shall see that the ordinances and resolutions
are duly and faithfully executed, and shall report to the City
Council as soon as practicable after the first day of January in
each year, the general state of the city, with an accurate account
of the money received and expended, to be published for the
information of the citizens. He shall have general supervision
over all departments, sub-departments, municipal officers, not
embraced in a department and special commissioners or boards.

Baltimore v. Radecke, 49 Md. 217. Cumberland v. Wilson, .W Md. 138.

P. L. L.. (1860) Art. 4, sees. 10, 11. P. L. L., (1888) Art. 4, sees. 13, 14.

23. All ordinances or resolutions duly passed by the City
Council, after being properly certified by the Presidents of the
First and Second Branches of the City Council as having been
so passed, shall be delivered by the Clerk of the ]>rancli in
which the same originated, to the ]\layor for his approval, and
there shall be noted on said ordinances or resolutions the dat(^ of
said delivery; and, when approved ])y him, they sliall become

ordinances or resolutions of the Mayor and City Council of
Baltimore. If the Mayor shall not approve of any ordinance
or resolution so passed by the City Council he shall return the
same with his objections in writing to the Branch in which the
said ordinance or resolution originated, within five days of
actual regular sittings of said Branch, excluding special sittings
called by the Mayor, occurring after such delivery of said
ordinance or resolution to him, which objections, upon receipt of
the same by said Branch, shall be forthwith read to such Branch
and entered at large on its Journal ; and such Branch shall, after
five days and within ten days after such ordinance or resolution
shall have been returned to it by the Mayor, proceed to recon-
sider and vote upon the same. If such ordinance or resolution
shall, after reconsideration, be again passed by three-fourths of
all the members elected to said Branch it shall be forthwith sent,
with the objections of the Mayor, to the other Branch, and after
five days and within ten days, after it is so sent, it shall likewise
be reconsidered and voted upon also by said other Branch, and
if passed by a vote of three-fourths of all the members elected
to said other Branch it shall be and become, to all intents and
purposes, an ordinance or resolution of the Mayor and City
Council of Baltimore. In such cases, after said reconsideration,
the votes on the question of the passage of such ordinance or
resolution over the veto of the Mayor shall be determined by
yeas and nays, and the names of the persons voting for and
against the passage of said ordinance or resolution over the veto
of the Mayor shall be entered on the respective Journals of each
Branch of the City Council. If any ordinance or resolution
duly passed by the City Council shall not be returned by the
Mayor to the Branch of the City Council in which the same
originated within five days of its actual regular sittings, exclud-
ing special sittings called by the Mayor, after it shall have
been delivered to him, the same shall become an ordinance or
resolution of the Mayor and City Council of Baltimore in the
same manner as if the Mayor had approved it, unless the City
Council by an adjournment sine die, or for a period exceeding
one month, shall prevent its return. In case an ordinance or
resolution duly passed by the City Council shall embrace
different items of appropriation the Mayor may approve the
provisions thereof relating to one or more items of appropriation
and disapprove the others, and in such case those he shall
approve shall become effective and those which he shall not
approve shall be reconsidered in manner and form as herein-
before prescribed in this section, by both Branches of the City

Council, and shall become effective if again passed over the
veto of the Mayor by the vote as above prescribed for the passage
over the veto of the Mayor of entire ordinances or resolutions.
The mode and manner of procedure of both Branches of the City
Council and of the JMayor in the matter of the veto of one or more
distinct items of appropriation in any ordinance or resolution
shall be the same as the mode and manner of procedure pre-
scribed in this section for the passage of an entire ordinance or
resolution over the veto of the Mayor.

Baltimore City v. Gorter, 93 Md. 1. See note to Hooper v. Creager, 84
Md. 197. Heiskell v. Mayor, 65 Md. 149. Also, Murdocli v. Strange, 99
Md. 89.

24. The Mayor shall summon all the heads of departments
to a conference on municipal matters at least once in each fiscal
year, and oftener, if he thinks the public interests will be
promoted thereby, and every head of department shall report to
him, orally or in writing, as he may prefer, once in every month.

P. L. L., (1860) Art. 4, sec. 26. 1880, ch. 101. P. L. L., (1888) Art. 4,

sec. 31.

25. The Mayor shall have the sole power of appointment
of all heads of departments, heads of sub-departments, municipal
ofiicers not embraced in a department and all special commis-
sioners or boards, except as otherwise provided in this Article,
subject to confirmation by a majority vote of all the members
elected to the Second Branch of the City Council ; provided said
Second Branch shall take action on such nomination within
the first three regular succeeding sittings of said Brnnch after
said nominations are sent to it by the Mayor. If the Branch
fails to take such action within said time, then the person or
persons so nominated shall be to all intents and purposes such
officer or officers as if they had been confirmed by said Second
Branch. If said Second Branch shall, by the required vote and
in the prescribed time, refuse to confirm such nominations^ the
Mayor shall, within the next three regular succeeding sittings
of said Branch, send to it other name or names for such office or
offices, and the duties of said Second Branch and the Mayor
shall continue to be as above prescribed until a confirmation is
liad or a failure to act for three regnlar succeeding sittings by
the said Second Branch occnrs. "^rhe flavor shall have the
power to remove at pleasure, dnring the first six monlJis of their
respective terms, the heads of nil departments or members
thereof, heads of sub-departments or members thereof, municipal
officers not embraced in a department and special commissions

or boards, or members thereof, appointed by him, but after six
months the Mayor shall only remove said officials for cause, after
charges preferred against them, notice given and trial had before
the Mayor. The terms of all municipal officials appointed by
the Mayor shall be four years, unless otherwise provided for in
this Article. All municipal officials who are appointed by the
Mayor shall be appointed in the month of September succeeding
his election, and enter into their respective offices on the first
Monday in October, immediately following their respective
appointments, or as soon thereafter as their appointments have
been confirmed, as above provided, if appointed or confirmed
subsequent thereto ; but the Mayor first chosen under this
Article shall appoint said officials in the month of February
succeeding his election, subject to confirmation by the Second
Branch of the City Council, and they shall enter upon their
duties on the succeeding first of March, and shall hold office until
their successors under the provisions of this Article, are ap-
pointed and qualified unless sooner removed under the provisions
of this Article. All municipal officials, boards and commis-
sioners in office under the Mayor and City Council of Baltimore,
upon the date of the passage of this Article, unless otherwise pro-
vided in this Article, shall hold their respective offices under
existing laws and ordinances, the same as if this Article had not
been passed, until their successors are appointed, as provided
in this section, in February nineteen hundred; they shall be
subject to removal, as provided in said laws and ordinances, and
all vacancies occurring in said offices shall be filled as now
provided for in said existing laws and ordinances ; said munici-
pal officials, boards and commissioners shall perform the duties
respectively now prescribed by existing laws and ordinances
which are not inconsistent with the provisions of this Article, and
they shall also perform such additional duties as may be
required to be performed by such officers in this Article. The
Mayor first elected under the provisions of this Article, shall
organize the municipal government of Baltimore City, as
provided for in said Article, and appoint the heads of depart-
ments, sub-departments, municipal officers, boards and commis-
sions provided for therein, in the month of February, nineteen
hundred. All persons appointed by the Mayor, as well as those
municipal officials elected by the people or by the joint conven-
tion of the City Council, shall, before entering upon the dis-
charge of their respective duties, qualify by taking before the
Mayor an oath to faithfully perform the duties of their re-
spective offices, and that they will support the Laws and Consti-
tutions of the United States and of the State of Maryland. A

test book shall be kept by the Mayor, which shall be signed at
the time of taking the oath aforesaid by said officials, and after
the qualifications aforesaid, the Mayor shall issue to the said
officials a commission signed by himself with the corporate seal
attached. All vacancies occurring in any of the offices which
the Mayor is empowered to fill, during the recess of the Second
Branch, unless otherwise provided in this Article, shall be filled
by the Mayor until the next reg-ular meeting of the Second
Branch, at which meeting the Mayor shall present the name of a
person for confirmation to fill said vacancy, and the mode and
manner of procedure in such a case shall be the same as provided
for in this section for other appointments by the Mayor and
confirmation by the Second Branch.

On construction of section 25, see Robinson v. Baltimore City, 93 Md.
212. McClellan v. Marine, 98 Md. 54. Baltimore City v. Lyman, 92 Md.
591.

As to oath of office and its legal significance, see Thomas v Owens,
4 Md. 189. Harwood v. Marshall, 9 Md. 83. Jump v. Spence, 28 Md. 1.
Archer v. State, 74 Md. 447; Creager v. Hooper, 83 Md. 501. Davidson
V. Brice, 91 Md. 691.

As to term of and title to office, see Thomas v. Owens, 4 Md. 189, 15
Md. 465. Jump v. Spence, 28 Md. 1. Robb v. Carter, 65 Md. 334. Archer
V. State, 74 Md. 453. County Commissioners v. School Commrs., 77 Md.
283. Miles v. Stevenson, 80 Md. 366. Creager v. Hooper, 83 Md. 490.
Ash V. McVey, 85 Md. 130. Wells v. Monroe, 86 Md. 445. Duer v. Daniell,
91 Md. 660. Keyser v. Upshur, 92 Md. 778. Hagerstown v. Williams,
96 Md. 237.

As to power of appointment and removal, see Townsend v. Kurtz, 83
Md. 340. Hooper v. Creager, 84 Md. 241. Hooper v. New, 85 Md. 565.
Hooper v. Farnen, 85 Md. 587. Field v. Malster, 88 Md. 691. School
Commrs. v. Goldsborough, 90 Md. 193. Street Commrs. v. Williams, 96
Md. 237.

1880, ch. 101. P. L. L., (1888) Art. 4, see. 31.

26. ISTo person shall at any time hold more than one office
yielding pecuniary compensation under the Mayor and City
Council of Baltimore. All municipal officials, except females,
shall be registered voters of the City of Baltimore.

Baltimore City v. Lyman, 92 Md. 591.

27. All heads of departments, heads of sub-departments,
municipal officers not embraced in a department, or special
commissions or boards, provided for in this Article, slinll bold
their offices until their successors are appointed or elected and
qualified.

28. The heads of departments, heads of sub-dopartnients,
municipal officers not embraced in a department, and all special

(4)

commissions or boards shall have the sole power of appointment
and removal at pleasure of all deputies, assistants, clerks and
subordinate employees employed by them, unless otherwise pro-
vided in this Article.

Baltimore City v. Lyman, 92 Md. 611. American Lighting Co. v.
McCuen, 92 Md. 705. As to appointment of subordinates prior to new
etiarter, see Hooper v. New, 85 Md. 565.

29. All heads of departments, shall have the privilege of the
floor in the First Branch of the City Council at its sittings, and
shall be entitled to participate in the discussion of matters relat-
ing to their respective departments, but shall have no vote.
When the head of a department is a Board, or composed of more
than one person, the President thereof shall be entitled to the
privilege provided for in this section.

30. The Mayor, in appointing all heads of departments, sub-
departments, boards and commissions or members of any such,
composed of more than one person, shall appoint a minority of
the members of each of such bodies of persons from a different
political party from those forming the majority of said depart-
ments, sub-departments, boards and commissions or members of
any such, and in ascertaining the political party from which
such minority representatives shall be taken, he shall select from
that party which cast the next highest vote at the preceding
election.

EXECUTIVE DEPAETMENT.

31. The executive power of the Mayor and City Council of
Baltimore shall be vested in the Mayor, the departments, sub-
departments, municipal officers not embraced in a department
herein provided for, and such special commissioners or boards
as may hereafter be provided for by laws, or ordinances not
inconsistent with this Article. All municipal officials, unless
otherwise provided for by laws or ordinances, shall give bond to
the city for the faithful discharge of their duties, to be approved
by the Mayor, and in such penalties as may be prescribed by laws
or ordinances. The Mayor shall be the chief executive officer of
the city, and in addition to the following administrative depart-
ments, sub-departments, and municipal officers not embraced in
a department, there shall be such assistants, clerks and employees
to said departments, sub-departments and municipal officers as
may be prescribed by ordinances not inconsistent with this
Article not herein otherwise provided for. The several heads of

departments, heads of sub-departments, municipal officers not
embraced in a department, and special commissions or boards,
shall have the power to pass such rules and regulations, not
inconsistent with the laws or ordinances, for the government of
their respective departments as they may deem right and proper.
All heads of departments composed of Boards shall hold at least
one meeting every month for the purpose of consultation and
advice, and in order to become familiar with the business and
the mode of conducting the same, of the sub-departments of
their respective departments, A record of all the proceedings
and official acts of heads of departments and sub-departments,
municipal officials and commissioners shall be kept in a well-
bound book, and a certified copy of said record or any part
thereof under the corporate seal of the city shall be admissible in
evidence in any Court of this State as proof of such record or
part thereof.

The said executive departments shall be as follows :

(I) Department of Finance,
With the following sub-departments:

1. Comptroller.

2. City Register.

3. Board of Estimates.

4. Commissioners of Finance.

5. City Collector.

6. Collector of Water Rents and Licenses.

(II) Department of Law.
Composed of

City Solicitor.

(III) Department of Public Safety,
With the following sub-departments:

1. Board of Fire Commissioners.

2. Commissioner of Health.

3. Inspector of Buildings.

4. Commissioner of Street Cleaning.

(IV) Department of Public Improvements,
With the following sub-departments:

1. City Engineer.

2. Water Board.

3. Harbor Board.

4. Inspector of Buildings.

(V) Department of Parks and Squares.
Composed of

Board of Park Commissioners.

(VI) Department of Education.
Composed of

Board of School Commissioners.

(VII) Department of Charities and Corrections,
With the following sub-departments :

1. Supervisors of City Charities.

2. Visitors to the Jail.

(VIII) Department of Review and Assessment,
With the following sub-departments :

1. Appeal Tax Court.

2. Commissioners for Opening Streets.

(IX) Division Embracing Municipal Officers, not Included
in any Department :

1. City Librarian.

2. Art Commission.

3. Superintendent of Lamps and Lighting.

4. Surveyor.

5. Constables.

6. Superintendent of Public Buildings.

7. Public Printer.

Baltimore City v. Lyman, 92 Md. 600.

As to bonds of municipal officials, see Hecht v. Coale, 93 Md. 692.
Vansant v. State, 96 Md. 110. Murdoch v. Strange, 99 Md. 89.

As to breach, penalty and damages recoverable generally in relation
to bonds, see Mutual Life Insurance Company v. Hantske, Daily Record,
December 15, 1900.

DEPAETMENT OF FIE'ANCE.

32. There shall be a Department of Finance of the Mayor
and City Council of Baltimore which shall consist of the
Comptroller, City Eegister, Board of Estimates, Commissioners
of Finance, City Collector and Collector of Water Eents and
Licenses. The head of said Department shall consist of a
Board of Finance composed of the Comptroller, City Eegister,
President of the Board of Estimates, President ol the Com-
missioners of Finance, City Collector and Collector of Water
Eents and Licenses. This Board shall be for consultation and
advice, and it shall have no power to direct or control the duties
or the work of any sub-department. It shall perform such
other duties as may be prescribed by ordinances not incon-
sistent with this Article. The Comptroller shall be the Presi-
dent of said Board. The fiscal year of the Mayor and City
Council of Baltimore shall begin on the first day of January
and end on the thirty-first day of December in every year.

1906, ch. 459.

33. The Comptroller shall be elected bj the inhabitants of
the City of Baltimore qualified to vote for Mayor on the 'J'ues-
day next after the first Monday in May, in the year eighteen
hundred and ninety-nine, and on the same day and month in
every fourth year thereafter. He shall be a person possessing
the same qualifications as herein prescribed for Mayor. The
term of the Comptroller shall commence on the Tuesday next
after the third Monday in May in the year eighteen hundred
and ninety-nine, and continue for four years, and until his
successor is elected and qualified, and he shall receive a salary of
four thousand dollars per annum, payable monthly.

Baltimore City v. Lyman, 92 Md. 610.

34. The Comptroller shall be the head of the first sub-de-
partment of Finance, and he shall appoint a Deputy Comp-
troller and such clerks as may be provided for by ordinance,
including one to be known as the Audit Clerk, and another for
the collection of harbor and wharf rents, to be known as Har-
bor Master, with such assistants to him as may be provided for
by ordinance, and another for the collection of fees for the in^
spection of weights and measures, to be known as the Inspector
of Weights and Measures, with such assistants to him as may
be provided for by ordinance, and another to be known as ]\Iar-
ket Master, with such assistants to him as may be provided by
ordinance. The salary of such Deputy, assistants and clerks
shall be fixed by ordinances. All of such appointees shall be
subject to the written approval of the Mayor. The Comptroller
shall have general supervision over the financial matters of the
city, and shall have oversight of all sub-departments in this
department. No claim, account or demand against the city of
any kind whatsoever shall be paid unless first audited and ap-
proved by the Comptroller. All moneys collected for the use
of the city by any municipal official, unless otherwise provided
in this Article, shall be turned over to the Comptroller and by
him deposited with the City Register. He shall perform such
other duties as may be prescribed by ordinances, not incon-
sistent with this Article. In case of temporary absence or dis-
qualification of the Comptroller, or a vacancy occurring in said
office from any cause, tlic Deputy Comy)lr«)llor shall, during
such absence or disqualification or vacancy from any cansc, a(^t
as Comptroller. The Second Branch of the City Council by
a majority vote of all the members elected to said Brancli, may
remove the Comptroller from office for incompetency, wilful

ueglect of duty or misdemeanor in office, upon charges pre-
ferred by the Mayor, and after notice of such charges is given
to the Comptroller and an opportunity aiforded him to be heard
by said Branch.

1908, ch. 131.

35. The City Kegister shall be the head of the second sub-
department of hnance, and he shall be the register of the public
debt and also the custodian of all moneys belonging to the
Mayor and City Council of Baltimore. He shall be appointed
by a joint convention of the two Branches of the City Council
on the Tuesday next after the fourth Monday of May in the
year eighteen hundred and ninety-nine, and on the same day
and month in every fourth year thereafter. His salary shall
be three thousand and three hundred dollars per annum, paya-
ble monthly, in addition to three hundred dollars for services
rendered the State, as provided for in section 108 of Article 81,
Code of Public General Laws. The Second Branch of the City
Council, by a majority vote of all the members elected to said
Branch, may remove the City Register from office for in-
competency, wilful neglect of duty or misdemeanor in office,
upon charges preferred by the Mayor, and after notice of such
charges is given to the City Register, and an opportunity
aiforded him to be heard by said Branch. The City Register
shall take under his charge and keeping the corporate seal of
the city, and use it in all cases which are now or may be here-
after required by Federal or State laws, ordinances, or the
uses and customs of nations, and shall charge a fee of two
dollars for each impression of the seal, except such as shall be
affixed to or impressed upon documents for the Mayor and City
Council, or used in connection with the affairs of the city. He
shall pay to the Comptroller, for the use of the Mayor and
City Council of Baltimore, all fees so received by him. He
shall have power to appoint a deputy register, with a salary
of two thousand dollars per annum, payable monthly, and such
other clerical assistants as may be prescribed by ordinance not
inconsistent with this Article. In case of a vacancy occurring
in the office of City Register by removal or otherwise, the joint
convention of the two Branches of the City Council shall forth-
with fill said vacancy. He shall perform such other duties as
may be prescribed by ordinance not inconsistent with this
Article; provided, the present incumbent of the office of the
City Register shall hold his office until the expiration of his
term, as now provided under existing laws and ordinances, and

should a vacancy occur in said office a successor shall be ap-
pointed by a joint convention of the City Council for the balance
of said term.

State V. Mayor, &c., 52 Md. 398. Robb v. Carter, 65 Md. 321. Baltimore
City V. Lyman, 92 Md. 610.

1910, ch. 512.

35a. That the Mayor and City Council of Baltimore be and
it is hereby directed to pay all monthly salaries to all officials
or employees whose salaries are paid by or through the Mayor
and City Council of Baltimore, one-half on the first and one-
half on the fifteenth day of each month, unless otherwise pro-
vided by ordinance.

BOAKD OF ESTIMATES.

OIlDi:^ANCE OF ESTIMATES.

1904, ch. 677.

36. The Board of Estimates shall be the head of the third
Sub-Department of Finance, and shall consist of the Mayor,
City Solicitor, Comptroller, President of the Second Branch
City Council and President of the Board of Public Improve-
ments. The first meeting of said Board in every year shall be
called by notice from the Mayor or President of the Second
Branch City Council personally served upon members of the
said Board. Subsequent meetings shall be called as the said
Board may direct. The President of the Second Branch sliall
be President of said Board, and one of the number shall act as
secretary, and said Board may employ such clerks as may be
necessary to discharge its duties; their number and compensa-
tion shall be fixed by ordinance. The said Board shall have
power at any time to summon before it the heads of the depart-
ments and sub-departments and all municipal officers niid spe-
cial commissions or boards. The said Board shall annually,
between the first day of October and the first day of November,
meet, and by an affirmative vote of a majority of all the mem-
bers make out the following three lists of moneys to be appro-
priated by the City Council for the next ensuing fiscal vonr:

FIRST, a list 'to be known as the "DEPAKTM KNTAL
ESTIMATES" of the amounts estimated to be required to p:iy
the expenses of conducting the public business for the next
ensuing fiscal year, including the expenditures for the City
Council for the salaries of its members, officers, mikI expenses;

said list shall be prepared in such detail as to the aggregate
sum and the items thereof allowed to the two Branches of the
City Council, each department, sub-department, municipal offi-
cers not embraced in a department and special commissioners
and boards as the said Board shall deem advisable. In order
to enable said Board to make such list, the Presidents of the
two Branches of the City Council, the heads of the departm.ents,
heads of sub-departments, municipal officers not embraced in
a department, and special commissioners or boards shall, at
least thirty days before the said list is hereby required to be
made, send to the said Board in writing, estimates of the
amounts needed for the conduct, respectively, of the City Coun-
cil, departments, sub-departments, municipal officers not em-
braced in a department, commissioners or boards for the next
ensuing fiscal year. Such estimates shall be verified by the
oath or affirmation of persons making them, and a wilfully false
statement made in a material matter contained in said esti-
mates so made to said Board shall be perjury. The said esti-
mates shall specify, in detail, the objects thereof, and tlie items
required for the expenses of the City Council and the respec-
tive departments, sub-departments, municipal officers not em-
braced in a department and special commissioners or boards, as
aforesaid, including a statement of each of the salaries of the
members of the City Council and its officers and clerks, and the
salaries of the deputies, assistants, clerks, employees and sub-
ordinates in each department, sub-department, municipal office
or special commission or board.

SECOND, a list containing all amounts to be appropriated
by the City Council for NEW IMPROVEMENTS to be con-
structed by any department of the city during the next ensuing
fiscal year; said list to be known as the "ESTIMATES FOR
NEW IMPROVEMENTS." Heads of departments, heads of
sub-departments, municipal officers not embraced in a depart-
ment, and special commissioners or boards shall in writing,
thirty days before the time required to make such list by said
Board, file with said Board their recommendations as to the
amounts which they may consider will be needed in their re-
spective departments for new improvements during the next
ensuing fiscal year.

THIRD, a list containing all amounts which by previous
laws, ordinances or contracts are required to be ANNUALLY
APPROPRIATED to charities, educational, benevolent or
reformatory institutions by the city, as well as all other sums,
if any, which may be required by laws or ordinances to be

appropriated for other purposes not embraced in the preceding
lists. This list shall be known as the ''ESTIMATES FOK
AXNUAL APPEOPRIATIOXS." The purpose and object
of this provision is that said three lists shall embrace all
moneys to be expended for the next ensuing fiscal year for all
purposes by the city. After said three lists have been prepared,
the Board of Estimates, shall cause to be prepared a draft of an
ordinance to be submitted to the City Council providing appro-
priations sufficient to meet the amounts called for by said three
lists, and the said Board shall cause a copy of said proposed
ordinance, certified by the signatures of a majority of them, to
be forthwith published in two daily newspapers in Baltimore
City, for two successive days, and shall, immediately after said
publication, transmit a copy of the draft of the said proposed
ordinance to the President of each Branch of the City Council,
whereupon a special meeting of the City Council shall be forth-
with called by the ^layor to consider such proposed ordinance.
It shall be the duty of the two Branches of the City Council,
when so assembled, to consider and investigate the estimates
contained in said proposed ordinance, and to hold daily ses-
sions for its consideration until said ordinance is passed. The
two Branches of the City Council, by a majority vote of all the
members elected to each Branch, may reduce the said amounts
fixed by the said Board in said proposed ordinance, except such
items thereof as are now or may hereafter be fixed by law,
and except such items as may be inserted by said Board to pay
State taxes, and to pay the interest and principal of the nnuiici-
pal debt. The City Council shall not have the power to increase
the amounts fixed by the Board nor insert new items in the
proposed ordinance. When said proposed ordinance, embracing
said estimates, shall have been duly passed by both Branches of
the City Council and approved by the Mayor, it shall be known

as the "Ordinance of Estimates for the year ," and

said several sums shall be and become appropriated, after the
beginning of the next ensuing fiscal year, for the several pur-
poses therein named, to be used by the City Council, depart-
ments, sub-departments, municipal officers not emliraced in a
department, and special commissions or boards therein named,
and for no other purposes or uses whatever. The City Council
sliiill not have the power, by any other or subsc(|n(Mit iii'iliii;iiic<'
or resolution, to enlarge :iii\' item contained in snid onlliKHicc
after the same is dnly passed, noi- shall thv City Conncil, hy any
subse(|uent ordinanfo or othei-wise, aj)pr()j)riat(' any sums ot
money to be used I'oi- the next ensning fiscal year, for any of
the j)nrposes embraced in said Ordinance of Kstiniates. Xo

appropriation provided for in said ordinance shall be diverted
or used nnder any circumstances for any purpose than that
named in said ordinance, nor shall the Comptroller draw any
warrant for any of the items in said Ordinance of Estimates
unless he has received said amounts and they are actually to the
credit of the City Council and such department, sub-depart-
ment, officers, commissioners or boards. ISTo temporary loan
shall be authorized or made to pay any deficiency arising from
a failure to realize sufficient income from revenue and taxation
to meet the amounts provided in said Ordinance of Estimates
but the City Council may temporarily borrow money for its
use in anticipation of the receipts of taxes levied for any year.
In case of any such deficiency there shall be a pro rata abate-
ment of all appropriations, except those for the payment of
State taxes and the principal and interest of the city debt,
and such amounts as are fixed by law and contained in said
ordinance ; and in case of any surplus arising in any fiscal year
by reason of an excess of income received from the estimated
revenue over the expenditures for such year, the said surplus
shall become a part of the annual revenue of the city, and shall
be available for the general expenditures of the city for the
next ensuing fiscal year. Until the organization of the said
Board of Estimates by the Mayor first elected under the pro-
visions of this Article, as provided in section 25 of said Article,
the Mayor, Comptroller, City Register and City Solicitor shall
compose a Board to perform all the duties required of the Board
of Estimates by the provisions of this Article.

Baltimore City v. Gorter, 93 Md. 1. Skinner Dry Dock Co. v. Balti-
more. 96 Md. 37. Callaway v. Baltimore City, 99 Md. 315. Brauer v.
Refrigerating Co., 99 Md. 369.

Party obtaining judgment against tlie city cannot have mandamus to
levy a special tax. Must wait until provision is made in the next Ordi-
nance of Estimates.

Kinlein v. Baltimore, 118 Md. 576.

The park fund under existing laws is to be applied to park purposes
only, and to be expended and distributed for such purposes by the Board
of Park Commissioners ; and the fact that they had svibmitted estimates
to the Board of Estimates, and spent no moneys not so approved by the
Board of Estimates does not estop the Park Commissioners from claim-
ing the right to an injunction to restrain the diversion of the park fund
to other purposes.

Baltimore v. Williams, 124 Md. 502.

The legislature has the right by law to impose upon the city a portion
of the expense of supporting the Public Service Commission. The Act
involved in this case provided for a salary of $3,000.00 to be paid by the
State and an additional $3,000.00 to be paid by the City of Baltimore.

Thrift v. Laird, 125 Md. 55.

Right of the Board of Estimates to reduce the amount of the estimate

of the Board of Police Commissioners. Mandamus lield to be imneces-
sary in tliis case to compel the city to assess and levy the amount re-
quired by the Police Department, as the Police Board has the authority
to make requests from time to time upon the City Comptroller for their
needs. (Construed in connection with Section 747).
McEvoy V. Baltimore, 125 Md. — .

1906, ch. 459. 1914, ch. 80.

36A. The Board of Estimates shall have power to increase
or decrease the salaries of all miniicipal officials, and other per-
sons whose salaries are named in this Article or Acts relatino-
to the City of Baltimore, except the salaries of the members
of the Board of Estimates, provided the amount of such increase
or decrease shall be inserted as an item or items in the Ordi-
nance of Estimates for any year and be subject to the same con-
trol by the City Council as it now has under this Article of
the general items inserted in said ordinance. Provided, how-
ever, that when the salary of any municipal official or other
person, whose salary is so named, shall be so increased or de-
creased it shall not again be so increased or decreased during
the term of office of said municipal officer or other person. The
increase in the salary of the Chairman of the Paving Commis-
sion, provided in the Ordinance of Estimates for 1914, is
hereby ratified and given the same effect as if it had been made
after the passage of this Act.

Does not apply to members of Police Force.

McEvoy V. Baltimore, 125 Md. — . Thrift v. Ammidon, 125 Md. — .

1912, ch. 429.

36B. The Board of Estimates shall have power to appoiut,
upon nomination of the Mayor, a consulting engineer, who
shall be paid a salary to be fixed by said Board, not exceeding
$4,000 per year. The duty of the consulting engineer shall
be to advise and assist in the work of the various engineering
departments of the city when called upon so to do. He shall
decide all questions, controversies and conflicts between the
engineers of the various departments, all engineering (]iu'stions
which come before the Board of Estimates may be referred to
him for consideration and advice, and he shall exercise stu*h
othr-r duties as he may be called upon to exercise by the Mnyor
or the Board of Estimates. The consulting engineer shall not
be regarded as a mnniei|)al f)ffieial within the meaning ot
section 20.

1914. di. .''.:'.9.
3611. All piirehases of [ti-opei-ty, and olliec coiif raets in-

volving an expenditure of more than five hundred dollars, ex-
cept those awarded by the Board of Awards under section 15
of the Charter, made by any department, sub-department,
municipal officer, special commission or board, in addition to
compliance with the other provisions of the Charter, shall be
submitted to the Board of Estimates for its approval and shall
be binding upon the city only when so approved.

The Board of Police Commissioners are not subject to the provisions
of Section 14 and Section 36B of the City Charter.

Thrift V. Ammidon, 125 Md. — . McEvoy v. Baltimore, 125 Md. — .

GRANTS OF FRA:NCHISES.

p. L. L., (1898) Art. 4, see. 37. 1900, ch. 109. 1906, oh. 357.

37. Before any grant shall be made by the Mayor and City
Council of Baltimore, of the franchise or right to use any street,
avenue, alley or highway, or the grant of the franchise or right
for the use of any public property mentioned in Section 7 of
this Article, the proposed specific grant, with the exceptions
hereafter in this Section made, shall be embodied in the form
of an ordinance, with all the terms and conditions required by
the provisions of this Article, and snch others as may be
right and proper, including a provision as to the rates, fares
and charges, if the grant provides for the charging of
rates, fares and charges, and a provision that the franchise or
right shall be executed and enjoyed six months after the grant.
The said ordinance shall, after having been introduced in either
Branch of the City Council, and after the first reading, be
referred forthwith by the Branch in which the same is ofl^ered
to the Board of Estimates. The said Board shall make diligent
inquiry as to the money value of said franchise or right pro-
posed to be granted, and the adequacy of the proposed compen-
sation to be paid therefor to the city as offered in the ordinance
already introduced, and the propriety of the terms and condi-
tions of said ordinance, and said Board is empowered to increase
the compensation to be paid therefor to the city, and alter the
terms and conditions of said ordinance, provided such altera-
tions are not inconsistent with the requirements and provisions
of this Article, and it shall be the duty of said Board to fix in
said ordinance the said compensation at the largest amount it
may be able by advertisement or otherwise to obtain for said
franchise or riffht, and no e;rant thereof bv the Citv Council
shall be made except for the compensation and on the terms
approved by a vote or resolution of the said Board, entered on
the minutes or records of such Board and attached to said ordi-

nauce, with the signatures of a majority of said Board signed
to the same. The provisions of this section shall apply to the
renewal or extension of any franchise or right relating to the
use of any of the public property mentioned in section 7 of
this Article now existing, or which may hereafter be gi-anted
to any person or body corporate. Provided, that the right to use
the streets, avenues, alleys or public property, by any person or
body corporate for steps, porticoes, bay windows, bow windows,
show windows, signs, columns, piers or other projections or
structural ornaments of any character except so far as the same
may be prohibited by law, and covered vaults, covered areaways,
drains, drain-pipes, or any other private purpose not prohibited
by laws and not being a franchise or right requiring a formal
grant by ordinance under the terms of this section, may be
granted by the Board of Estimates for such an amount of money
and upon such terms as the said Board may consider right and
proper. Before said Board shall grant any such right the per-
son or body corporate seeking the same shall file before said
Board in writing an application for such use and in said appli-
cation the use desired shall be stated and what the applicant is
willing to pay for the same must be given and such person or
body corporate shall only enjoy such use on the payment of the
amount of money named by said Board and on the terms and
conditions said Board shall prescribe in writing, and no ordi-
nance or advertisement shall be necessary or made in such cases
as are named in the proviso of this section. Provided, however,
that copies of said application be served upon the adjoining
property owners by said applicant before filing application be-
fore said Board.

Baltimore City v. Gorter, 93 Md. 12. Purnell v. McLane, 98 Md. 591-
595. Brauer v. Refrigerating Co., 99 Md. 3G7.

See, section 8, as re-enacted by Act 1906, ch. 152, ante, P. 54.

In connection with the provisions of Section 37, of the Charter, see,
Simon's Sons v. Maryland Tel. & Telegraph Co., 99 Md. 17.3. Md. Tel.
Co. V. Simon's Sons, 103 Md. 136. Preston v. Likes, Berwanger & Co..
103 Md. 191.

Franchises in city streets may he granted hy the Legislature.
Dulaney v. United Railways Company. 104 Md. 440-441.

Street lighting — liability of contractor, supplying city — injury by
escape of gas.

Consolidated Gas Co. v. Connor, 114 Md. 140.

Grant of minor privilege without notice to adjoining property void.
Fralingor v. Cooke, 108 Md. 6S:?.

Referred to in The Patapsco Electric Co. v. M. & C. C, 110 Md. 310.

A municipality may be estopped by the acts of its officers, &c., from
a.ssertlng the invalidity of a grant of franchise.

Hagcrstown v. Ilagerstown Rvvy., 123 Md. 1S3.

A municipal corporation may set up a plea of ultra vires to enter into
a given contract, or do a given act, even though the other party to the
contract has expended money on the faith of said- contract.
Hagerstown v. Hagerstown Rwy., 123 Md. 183.

190S, ch. 151.
37A. Anything in the preceding sections of this Article,
to the contrary notwithstanding, where ordinances now stand
referred, or shall hereafter stand referred, to the Board of Esti-
mates of the Mayor and City Council of Baltimore, in the man-
ner provided for in the preceding section of this Article, grant-
ing franchises or rights in the water front, wharf property,
land under the water, public landings, wharves or docks, of
the Mayor and City Council of Baltimore, or in any portion or
portions thereof, the said Board shall be empowered to fix the
compensation for the franchise or right in their discretion at
such sum as they shall deem reasonable and adequate, and in
addition to the power of fixing said compensation as aforesaid,
and of prescribing the terms and conditions of the grant in
the manner provided for in the preceding section of this arti-
cle, shall be empowered, where there are two or more appli-
cants for the franchise or right who are prepared to pay said
compensation, fixed as aforesaid, to grant said franchise or
right to either one of said applicants, to the exclusion of the
other, or of the rest of said applicants, as it may deem best for
the interests of the City of Baltimore; and it is also the pur-
pose of this Act that where there are one or more of such ap-
plications for the franchise or right in space, included in, but
less in dimensions than the space embraced in another or other
of such applications, the said board shall, in addition to the
power of fixing said compensation as aforesaid, and of pre-
scribing the terms and conditions of the grant as aforesaid,
be also empowered to determine, in its discretion, whether the
grant shall be made to the applicant, or to one of the appli-
cants, applying at said compensation fixed as aforesaid for the
franchise or right in the greater space, or to the applicant
or one of the applicants, applying at said compensation, fixed
as aforesaid, for the franchise or right in the lesser space ac-
cordingly, as the said Board may deem best for the interests of
the people of Baltimore. 'No grant of the franchise or right in
any of the public property mentioned in this section of this
Article, or in any portion or portions thereof, shall be made
by the City Council, except for the compensation, and upon
the terms and conditions, and to the grantee or grantees ap-
proved by a vote or resolution of the said Board, entered on the

minutes or records of the said Board, and attached to the ordi-
nance granting the franchise or right to the gi'antee or grantees,
approved by the said Board, with the signatures of a majority
of the said Board signed to the same.

38. There shall be included annually in the ordinance of
estimates the sum of fifty thousand dollars to be used as a
contingent fund by the Board of Estimates, in case of an
emergency or necessity for the expenditure of money above the
appropriations regularly passed for any department, sub-de-
partment, municipal ofiicer not embraced in a department, or
special commission or board, in the interval between the annual
appropriations as herein provided for. As soon as practicable
after the expenditure of any part of said contingent fund, the
said Board shall report to the City Council all the circumstances
attending said expenditure, and the necessity for the same, and
the reasons assigned by the department, sub-department, munic-
ipal officer not embraced in a department, or special commis-
sion or board, applying for and receiving the same. The City
Council shall not have the power to increase or decrease, or
strike out, said amount from the said ordinance of estimates.

Baltimore City v. Gorter, 93 Md. 12.

39. The ]\Iayor and City Council of Baltimore shall appro-
priate no money out of the Treasury of the City for the pay-
ment of any private claim against the city, unless such claim
shall have first been presented to the Board of Estimates,
together with the proofs upon which the same is founded, and
reported favorably by said Board.

BaUimore City v. Gorter, 93 Md. 12.

TAX BATE AJ^D ANNUAL LEVY.

1914, ch. .532.

40. The Board of Estimates shall, on the first day of Octo-
ber, or as soon thereafter as practicable, in the year eighteen
hundred and ninety-eight, and in each succeeding year, pro-
cure from the proper municipal department and shall send,
with the said ordinance of estimates, to both Branches of the
City Council, a report showing the taxable basis for the next
ensuing fi-scal year, and the amount which can reasonably be
expected to be realized by taxation for said year. The report
shall fontain an aggregate statement of all the moneys to be
expended during the next ensuing fiscal year by the city, as

set forth in said ordinance of estimates, as well as of any
other sums, if such there he, which the city may be required
to expend during the said year for any purpose or purposes
not included in the ordinance of estimates, and it shall also
state the total income which can reasonably be expected to be
received by the city for the next ensuing fiscal year from
licenses, fees, rents and all other charges, including the amount
believed to be collectible from taxes in arrears. The report
shall show the difference between such anticipated expendi-
tures and receipts of the city, and shall state a rate for the levy
of taxes sufiicient to realize the amount required to meet the
said difference. In the ordinance making the annual levy of
taxes, which ordinance shall be passed by the Mayor and City
Council of Baltimore in the month of ISTovember in each year,
and as soon as practicable after the passage of the ordinance
of estimates, the Mayor and City Council of Baltimore shall
fix a rate of taxation not less than the rate stated in the afore-
said report, so that it shall not be necessary at any time for
the city, its officers or agents, to create a floating debt to meet
any deficiency, and it shall not be lawful for the city, its officers
or agents, to create a floating debt for any such purpose. The
taxes levied under said ordinance in the month of ISTovember
in each year shall be the taxes to be collected for the fiscal
year next ensuing after the said month of l^ovember, and
shall be due and may be paid to the Citv Collector on or after
the first day of January next ensuing. The taxes included in
said levy on real estate or chattels real, and on all forms of
personal property, including shares of stock and other property,
valued or subject to valuation by the State Tax Commissioner,
shall be in arrears on the first day of July next ensuing the
date of their levy, and the taxes on all forms of property after
they become in arrears as aforesaid shall bear interest at the
rate of six per centum per annum.

Baltimore City v. Gorter, 93 Md. 1. Skinner, etc. Dry Dock Co. v. Bal-
timore City, 96 Md. 37. Baltimore City v. Poole, 97 Md. 71. Baltimore
City V. Chester River S. S. Co., 103 Md. 400.

Taxes on stock liens from the time of their levy.

Union Trust Company y. Belvedere, 105 Md. 508.

COMMISSIOI^ERS OF FI^AiN'CE.

1908, ch. 515.

41. The Commissioners of Finance shall be the head of the
fourth sub-department of finance, and shall be a board composed
of the Mayor, Comptroller, Register and two persons appointed

by tlie ]\Iayor in the mode prescribed in section 25 of this Arti-
cle, and who shall hold their offices as therein provided. Both
of said two last named persons shall serve without pay. The
Mayor and Register shall sign all obligations of the city and
all city stock. One of the persons appointed by the Mayor as
aforesaid and so designated, shall be president of said Board.
The Deputy Register shall act as clerk to said Board and keep
the accounts and a record of proceedings of said Board, and for
such service, in addition to the salary of said Deputy Register,
herein provided, he shall be paid a salary of five hundred dol-
lars per annum, payable monthly. This Board, from the insti-
tutions chartered by the United States or the State of Mary-
land, having authority under their charters to receive and hold
money on deposit, shall select, from time to time, such deposi-
tory or depositories for the funds of the city as to it may seem
proper. It shall authorize all temporary loans to be made not
inconsistent with this Article. It shall have charge, control
and custody of all sinking funds of the Mayor and City Coun-
cil of Baltimore, and shall perform such other duties as shall
be prescribed by ordinances not inconsistent with this Article.

CITY COLLECTOR.

42. The City Collector shall be the head of the fifth sub-
department of Finance, and shall be appointed by the IMayor
in the mode prescribed in section 25 of this Article, and hold
his office as therein provided. He shall be paid for his services
in collecting city taxes the salary of two thousand dollars per
annum, payable monthly. He shall be the collector of all taxes
and assessments on real property levied or made by the city.
He shall in October in the year eighteen hundred and ninety-
eight and in each year thereafter, immediately upon the receipt
of the statement form the Appeal Tax Court, showing the
taxable basis for the next ensuing fiscal year, as provided for in
section 171 of this Article, begin the preparation of the tax bills
on said basis, and after the levy of taxes has been made he
shall complete said bills and have them ready for payment by
the taxpayers on the first day of January next ensuing said levy,
or as soon' thereafter as practicable. He shall liave such assist-
ants, clerks and bailiffs as may be fixed by ordinaiu-es, and who
shall perfoiin such duties as shall be prescri1)cd by ordinances
not inconsistent witli tliis Article.

For (U'C'isioiis of iiilcrcst in projtorly coiistniiriK the provisions of soc-
tlon 42, see

SforliiiK V. ATflMjisfcr. X2 Md. KM. T<'xfor v. Sliiplcy, W: Md. I'-'l.
Skiinicr, etc.. Drv lUx-k Co. v. P.iilliniorc City, DC Md. .'{S.

1844, ch. 236, sec. 4. P. G. L., (1860) Art. 81, sec. 49. 1872, ch. 384. 1874,

ch. 383, sec. 48. P. G. L., (1888) Art. 81, sec. 49. 1888, ch.

515. 1900, ch. 229. 1914, ch. 532.

43. Whenever it shall become necessary to sell any part or
parcel of ground in the City of Baltimore, improved or unim-
proved, for the payment of any taxes or assessment, of any
nature or kind whatever, levied or charged, the City Collector
shall first give notice by advertisement published once a week
for four successive weeks in two of the daily newspapers pub-
lished in said city, one of which shall be in the German lan-
guage, and in every issue of the Municipal Journal during said
four weeks, that he will sell said property at public auction on
the day in said advertisement mentioned. Said notice shall
state the name of the person, when known, to whom such a
parcel of ground is assessed, the amount of taxes due on the
same, and what improvements, if any, are on said parcel of
ground, and to properly describe said property the City Col-
lector shall procure a description from the Land Records and
no survey shall be made unless a proper description cannot be
obtained from the Land Records, and no charge for survey shall
be made unless a survey is actually made. If a proper descrip-
tion cannot be obtained from the Land Records, the City Sur-
veyor shall, upon direction of the City Collector, make a proper
survey and furnish a description and plat to the City Collector,
and the sum of three dollars for the cost of such survey shall
be added to the tax bill and collected in the same manner as
the bill itself, and paid over to the City Register for the use
of the city. The City Collector shall, before advertising said
property for sale, give to the person or persons so in arrears,
or to one of them, if more than one, or leave at his or her or
their residence, or last known residence of one of them, and *
if no such residence be knovm, there shall be left upon the
premises so to be sold for taxes, a statement of his or her or
their indebtedness, and not less than thirty days' notice of his
(said Collector's) intention, if the bill is not paid, to enforce
the pa_\Taent thereof by distraint or execution. Provided, how-
ever, that this paragraph shall not apply to or affect the present
City Surveyor.

Mayor, &c. v. Howard, 6 H. & J. 383. Alexander v. Walter, 8 Gill, 239.
Polk V. Rose. 25 Md. 153. Co. Commr's. of Pr. Geo. Co. v. Clarke, .36
Md. 207. Tax Sale of Lot 172, 42 Md. 196. County Commr's. v. Union
Mining Co., 61 Md. 548. Cooper v. Holmes, 71 Md. 20. County Commr's.
of Balto. Co. V. Winand. 77 Md. 522. Duvall v. Perkins, 77 Md. 582.
Textor v. Shipley, 86 Md. 424. Benzinger v. Gies, 87 Md. 704.

As to collection of taxes and tax sales generally, see. Mayor v. Chase,
2 G. & J. 376. Polk V. Pendleton, 31 Md. 125. Dyer v. Boswell, 39 Md.

465. Guisebert v. Etchison, 51 Md. 478. Steuart v. Meyer, 54 Md. 466.
Margaff v. Cunningham, 57 Md. 585. Gould v. Mayor, 58 Md. 46. Hebb
V. Moore, 66 Md. 167. Perkins v. Dyer, 71 Md. 421. Georgetown Col-
lege V. Perkins, 74 Md. 72. Degner v. M. & C. C. of Balto., 74 Md. 144.
Bader v. Perkins, 77 Md. 468. Baltimore v. Ulman, 79 Md. 486. Shaw
V. Devecmon, 81 Md. 217, Richardson v. Simpson, 82 Md. 157. Baum-
gardner v. Fowler, 82 Md. 637. Young v. Ward, 88 Md. 413.
Land cannot be sold for taxes, unless taxes due and in arrear.
Mullan V. Brydon, 117 Md. 559.

P. L. L., (1860) Art. 4, sec. 875. P. L. L., (1888) Art. 4, sec. 833.

44, The City Collector shall require the purchaser of such
property on the day of sale, or the day next succeeding, to
pay on account of said purchase the amount assessed or taxed
on the lot so sold, together with all costs and charges, and no
more, and the residue of the purchase money shall remain on a
credit of one year and a day,

P, L, L., (1860) Art. 4, sec. 876. P. L. L., (1888) Art. 4, sec. 834.

45. If the property so sold shall not be redeemed at the ex-
piration of a year and a day from the day of sale, the City Col-
lector shall, when required, and on payment of the full amount
of the purchase money, execute a deed for the same to the pur-
chaser, and the balance of the purchase money so received by
him shall be paid to the City Register.

Polk V. Rose, 25 Md. 153. Hamilton v. Valiant, 30 Md. 139. Tax
Sale of Lot 172, 42 Md. 196. Taylor v. Forrest, 96 Md. 529.

1904, eh. 281.
45a. Whenever property in the City of Baltimore has been
sold for taxes pursuant to law, by one City Collector, and such
sale has been reported and the deed executed by the successor
in office of the City Collector who made the sale as aforesaid,
such report and such conveyance shall be as valid to all intents
and purposes as they would have been if made by the City
Collector who made the sale.

1904, ch. 281.

45b. Whenever property in the City of Baltimore has been
sold for taxes, pursuant to law, by one City Collector, and such
sale has been reported by the City Collector who made the
same, but the deed for such property has been oxc^cutod and
delivered by the successor in office of the City Collector who
made such sale and report as aforesaid, such coTivcyance shall
be as valid to all intents and purposes as it would have been if
made by the City Collector who made and reported the sale.

/?ee, Duvall v. Perkins. 77 Md. 588. Taylor v. Forrest, 96 Md. 5.'{3.
McM.'ilion V. Crean, IW) Md. n.'">2.

P. L. L., (1860) Art. 4, sec. 877. P. L. L., (1888) Art. 4, sec. 835.

46. If it shall appear that the owner of the said lot or parcel
of gi'ound prior to the execution of the deed for the same by the
City Collector, cannot, after reasonable effort, be found, or if
said owner shall refuse to receive said balance of money, then
in either case the City Register shall invest the same for the
benefit of such owner in any public debt of the State of Mary-
land or Mayor and City Council of Baltimore, and shall safely
keep the same, and from time to time collect the interest due
thereon, and invest for the benefit of such owner the interest
from time to time in the said stock.

P. L. L., (1860) Art. 4, sec. 878. P. L. L., (1888) Art. 4, sec. 836.

47. When any lot or parcel of ground in the said City shall
be sold by reason of non-payment of the tax or assessment due
thereon, the owner or other persons having an estate or interest
therein shall have power to redeem the same at any time within
one year and a day from the day of sale, on paying or tendering
in payment to the City Collector the whole amount of money
received by such City Collector from the sale of the lot or parcel
of ground to be redeemed, and a further sum of one-half per
cent, per month interest from the time of sale to the time of
such tender ; and the sums so paid shall be by the City Collector
delivered or tendered to the purchaser, whose right in the
property so purchased shall thenceforth cease and determine.

1900, ch. 663.

47a. In all cases where lands held by lease have been sold
for the non-payment of taxes or assessments due thereon, the
owner of the reversionary interest therein shall have the right
at any time within one year and a day from the day of such
sale, on paying or tendering in payment to the collector the
whole amount of the money received by such collector from the
sale of the lot or parcel of ground, together with the further
sum of one-half per cent, per month interest from the time of
sale to the time of such tender, to be substituted in the place of
said purchaser of said lot or parcel of ground so sold, and the
sum so paid shall be by the collector delivered or tendered to
the purchaser whose rights in the property shall thenceforth
cease and determine.

This section was intended to supplement section 836 of P. L. L., (1888)
Art. 4, now codified as section 47 of the New Charter.

P. G. L., (1S60) Art. 81, sees. 61, 63. 1867, ch. 186. 1S70, ch. 312.

1872, ch. 384. 1874, ch. 483, sec. 51. P. G. L., (1888) Art. 81. sec. 52.

P. L. L., (1888) Art. 4, sec. 837. 1888, ch. 515. 1902, ch. 490.

48. In all cases where lands held in fee simple or by lease
have been sold, or shall be sold for pa^nnent of taxes in arrears,
according to the provisions of existing laws, it shall be the duty
of the City Collector to report the said sale, together with all the
proceedings had in relation thereto to the Circuit Court of said
city. The Court to which such report shall be made shall
examine the said proceedings, and if the same appear to be reg-
ular, and the provisions of law in relation thereto have been
complied with, shall order notice to be given by advertisement
published in such newspapers as the Court shall direct, warning
all persons interested in the property sold to be and appear by
a certain dav in the said notice to be named, to show cause, if
any they have, why said sale should not be ratified and con-
firmed ; and if no cause or an insufficient cause be shown against
the said ratification, the said sale shall, by order of said court,
be ratified and confirmed, and the purchaser shall, on payment
of the purchase money, have a good title to the property sold ;
but if good cause, in the judgment of said court, be shown in
the premises, the said sale shall be set aside ; in which case the
said City Collector shall proceed to a new sale of the property
and bring the proceeds into court, out of which the purchaser
shall be repaid the purchase money paid by him to the City
Collector on said rejected sale, and all taxes assessed on said
real estate and paid by said purchaser since said sale, and all
costs and expenses properly incurred in said court, with interest
on all such sums from the time of pa"yTnent ; and if the pur-
chaser has not paid the purchase money or the subsequent taxes,
to apply said proceeds to the payment of the taxes for wliich
said real property may have been sold, and all subsequent taxes
thereon then in arrears, with interest on the same, according
to law, and the costs of the proceedings ; but such sales shall not
be set aside if the provisions of the law shall appear to have been
substantially complied with ; and the l)urdon of proof shall
be on the exceptant to show the same to be invalid nndor the
law.

Co. rVminir's. Pr. Geo. Go. v. Glark, ?,C, Mtl. 200. E.r parte in the
matter of the Tax Sale of Lot 172, -12 yU\. 190. Meyer v. Stciuirt. 48
Md. 423. Guisehert v. Etchlson. 51 Md. 488. Steuart v. Meyer. .'")l yh\.
4.~1. f'ooper v. ITolines. 71 Ma. 20. Textor v. Sliii)l('y. 77 Mil. 170.
Shaw V. Devecnioii, SI Md. 217. lUehanlson v. Siiiiiisoii. S'J Md. 1.").
Iiaum«ardner v. Fowler, 82 Md. O-'H. Keys v. Forrest. !K» M.I. 136.
Taylor v. Forrest. 96 Md. 531. Cf., Mar^'afT v. Giiiiidiii,diam's Heirs,
.57 Md. 58.5. Vouiik v. Ward. 88 Md. 119. ILMI. OppciiiM-iiiicr v. L<'vi,
96 Md. .304. Hewitt v. Parsley. 101 Md. 207.

1880, ch. 230. P. L. L., (1888) Art. 4, sec. 838,

49. Whenever the City Collector shall have distrained or
levied upon any goods or chattels in said city for non-payment
of any taxes, State or mnnicipal, due by the owner thereof,
before making sale of property so distrained or levied upon,
said City Collector shall give notice by advertisement published
twice a week for one week prior to the day of sale, and also
on the day of sale, in three of the daily newspapers published
in said city, one of which shall be in the German language, that
he will sell for cash, at public auction, to the highest bidder, on
the day and at the time and place mentioned in said advertise-
ment, the propei'ty therein specified, unless on or before the day
of sale the entire amount of taxes for which such distraint or
levv shall have been made, with the interest thereon, and costs
of making said levy and advertisement, shall be paid.

1880, ch. 230. P. L. L., (1888) Art. 4. sec. 839.

50. Every City Collector who shall sell any goods or chat-
tels levied or distrained upon for taxes. State or municipal, in
Baltimore City, after due advertisement, as required in the
preceding section, shall retain out of the proceeds of sale the
amount of taxes due from the delinquent, for which such levy
or distraint shall have been made, with the interest thereon,
and all costs incurred in making said sale, and shall pay over
the surplus, if any, to the owner of the property so levied upon
and sold.

1890, ch. 205. P. L. L.. (1888) Art. 4, sec. 841 A. 1900, ch. 229.

1914, ch. 532.

51. The City Collector shall at least two weeks before the
taxes become in arrear give notice, by advertisement in two
daily papers published in Baltimore City and in the Municipal
Journal, of the day on which all taxes for the current fiscal
year become in arrear; and shall, on the application, in person
or by agent or by mail, of any person to whom property is
assessed, deliver or send by mail a bill showing the amount
of taxes due by such person. Two weeks before the day on
which such taxes shall by law be in arrear, he shall give notice
by advertisement in the same way that all taxes not paid on or
before that date will be in arrears, and that the property on
which said taxes are levied will then be subject to be sold for
taxes. And said notice shall further state that unless the taxes
are paid before they become so in arrear, an amount equal to
one per centum per annum of the gross amount thereof, ac-

counting from the date when said taxes become in arrear shall
be added to each bill for taxes in arrear; and if the same be
not paid before they so become in arrear an amount eqnal to
one per centum per annum of the gross amount of each bill,
accounting from the time said taxes became in arrear to the time
of the pa^^nent thereof, shall be added thereto as a penalty, and
collected in the same manner as the bill itself, said penalty to be
paid to the City Collector and by him to the City Register to the
credit of the Mayor and City Council. In the case of escaped
or omitted property the penalty herein provided, and also in-
terest, shall be added to the tax bills for the current and back
years in the same manner as if such propert_y had not escaped
or been omitted.

Benzinger v. Gies, 87 Md. 704.

1904. ch. 386.

51 A. In all cases where the City Collector shall commence
and carry on proceedings for the enforcement and collection of
taxes under the provisions of this Article, whether by notice,
distraint, levy, advertisement, sale, report of sale or otherwise,
and the term of office of such City Collector shall expire or shall
cease bv death, resieiiation, removal or otherwise, before such
proceedings are completed, and, in case of sale, before the said
sale has been fully ratified and confirmed and a deed to the
purchaser executed and delivered as provided in this Article, the
successor in office of such Citv Collector whose term of office
shall thus cease or expire is hereby authorized, empowered
and required to continue and complete all said proceedings com-
menced and carried on as aforesaid, during the term of office of
his said predecessor, in the same manner and with like effect
as his said predecessor would have been authorized and em-
powered to do had his term of office not ceased and expired as
aforesaid ; and the successor in office of such City Collector
whose term of office shall thus cease or expire, shall have full
power and authority to report any and all sales made by liis said
predecessor in office, to execute and deliver any and all deeds to
property sold or reported by his said predecessor, and generally
to do any and all acts and things necessary or proper to be done
in order to continue and finally complete the enforcement and
collection of taxes, and the sale and conveyance of property
therefor comnienoefl and carried on by his said predecessor in
office.

Duvall V. Perkins, 77 !\I<1. .WS. Taylor v. Forrest. !)(> .Md. 520.

Interest and penalties may be collected from property In the hands of

a Receiver, but the right to them may he lost by delay in applying to
the Court.

Blakistoiie v. State. 117 Md. 238.
Taxes pui<l under a mistake of law cannot he recovered. City Col-
lector cannot refund taxes paid under a law. after it was declared
invalid.

Baltimore v. Harvey, 118 Md. 276. Amos v. Al)romaitis, 122 Md. 257.
This act invalidates tax sale deed given before act was passed.
McMahon v. Crean, 109 Md. 669.

COLLECTOE OF STATE TAXES.

1874. ch. 483. P. L. L.. (1888) Art. 4. sec. 851. P. G. I... (1904) Art.

81, sec. 31.

52. The Mayor shall appoint iu the mode prescribed in sec-
tion 2.5 of this Article, and he shall hold his office as therein
provided, one Collector for Baltimore City, for the collection
of all State taxes levied or to be levied for any year; and it
shall not be lawful for the municipal authorities of said city to
provide any fixed annual or other stated compensation for
collection of the State taxes, or a salary of any kind, to the
said Collector for his services in collecting- the State taxes,
otherwise than by a per centum on the amount of his collections,
as prescribed by this Article.

Crane v. State. 1 Md. 27. Humphrey v. State. 17 Md. 57. McCauley v.
State. 21 Md. 573. Allen v. State, 98 Md. 697. Cf., Seidenstricker v.
State, 2 Gill 374.

1888, Art. 81, sec. 33. 1860, Art. 81, sec. 35. 1865. ch. 155. 1868. ch. 366.
1874, ch. 483, sec. 32. P. L. L., (1888) Art. 4. sec. 852.

53. The Collector of State taxes in the City of Baltimore,
before he acts as such, shall 2;ive a bond to the State of Marv-
land in the penalty of seventy-five thousand dollars, to be ap-
proved by the Governor, w^ith the condition that "if the above

bound shall well and faithfully execute his office, and

shall account to the State Comptroller for, and pay to the
Treasurer of the State, the several sums of money which he shall
receive for the State, or be answerable for by law, at such
times as the law shall direct, then such obligation to be void,
otherwise to remain in full force and virtue in law." The
said Collector's bond, when approved by the proper authorities
in the City of Baltimore, shall be recorded in the office of the
Clerk of the* Superior Court of Baltimore City, and when
approved by the Governor shall be filed in the office of the State
Comptroller.

Baden v. State, 1 Gill 165. State v. Carleton, 1 Gill 249. Waters v.

state, 1 Gill 302. Lawrenson v. State, 7 H. «& J. 339. Milburn v. State,
1 Md. 14. Billingslea v. State, 14 Md. 369. McCauley v. State, 21 Md.
573. State v. Horner, 34 Md. 569. Frownfelter v. State, 66 Md. 80.

1888, Art. 81, sec. 34. 1868, ch. 366. 1874, ch. 383, sec. 33. 1904, Art.
81, sec. 34. P. L. L., (1888) Art. 4, sec. 853.

54. The Collector of State Taxes in the Citv of Baltimore
shall make daily deposits of such sum.s of money as he shall
receive for State taxes collected by him, less the amount of
commission allowed him for the collection of the same, to the
credit of the Treasurer of the State of Maryland, in some
bank in said city which pays to the State the bonus or school
tax, as provided by law, to be designated by the said Treasurer,
and shall send to the Treasurer a statement of the amount so
deposited within the first ten days of each month, with a
certificate of the bank that the same is so deposited; and on
the failure to make such daily deposits and to send such certifi-
cate, he shall, on proof thereof to the satisfaction of the Gover-
nor, be liable to removal from ofiice by the Governor, and the
State Comptroller shall immediately enter suit upon his bond.

Allen V. State, 98 Md. 697. See Seidenstricker v. State, 2 Gill 374.

1874, ch. 483. "P. L. L., (1888) Art. 4, sec. 854. 1888, Art. 81, sec. 35.
1868, ch. 366. 1874, ch. 483, sec. 34.

55. The Treasurer of the State may make weekly examina-
tion of the books of the Collector of State Taxes in Baltimore
City, whose books shall always be open to such inspection.

1874, ch. 483. P. L. L., (1888) Art. 4, sec. 855. 1888, Art. 81, sec.
39. 1860, Art. 81. sec. 39. 1844, ch. 236, sec. 1. 1865, ch. 155.
1868, ch. 366. 1874, ch. 483, sec. 38.

56. If there be no Collector of State Taxes qualified and
compensated in conformity with the provisions of this Article
in said city by the fifteenth day of October in any year, the
Governor shall appoint from any part of the State a Collector
for the said city, who shall give bond, with sureties to be
approved by the Governor, and be in all respects on a footing
with other State Collectors' bonds as provided in the Public
General Laws, Article 81, title "Revenue and Taxes," and the
said Collector shall have all the power of other Collectors.

1874, ch. 483. P. L. L., (1888) Art. 4, Sec. 856.

57. The Mayor and City Council of Baltimore shall levy
upon the assessable property in the City of Baltimore such
commission as will in its judgment insure a speedy collection

of said State taxes, not exceeding two per centum on the amount
to be placed in the hands of said Collector of State Taxes for
Baltimore City ; said commission to be levied for the use of said
Collector, and to be collected as other charges are collected.

Allen V. State, 98 Md. 697.

58. The City Collector shall be the Collector of State Taxes,
and perform the duties as herein provided, unless otherwise
provided by ordinance of the Mayor and City Council of Balti-
more.

1906, ch. 101.
58A. At the trial or hearing of any suit or proceedings of
any kind, whether at law or in equity, or before any Justice of
the Peace, brought for the recovery of any tax, or taxes, and
for any interest or penalties that may be due and owing on
account of the non-payment of such tax or taxes, against any
corporation, firm or individual, and in the case of an individual
whether such suit or proceedings be against him or her in a
representative or fiduciary capacity, or in his or her own right,
the certificate of the City Collector or of the Collector of State
Taxes in the City of Baltimore, as the case may be, as to the
amount of such tax or taxes due, and as to' the amount
of any interest or penalties or both, due for non-pa^Tiient
of the same shall be prima facie evidence to entitle either
the Mayor and City Council of Baltimore or the State of Mary-
land as the case may be, to a verdict and judgment, or to an
order or decree as the proceedings may warrant, against such
corporation, firm or individual, and in the case of an individual,
whether the individual be sued or proceeded against in a repre-
sentative or fiduciary capacity or in his or her own right for
the full amount of such tax or taxes, together with any interest
or penalties, or both, which said certificate shall so state to be
due and owing.

1912, ch. 429.
58B. It shall not be necessary to bring separate suits or
file separate claims for State and city taxes, but State and city
taxes may be claimed, sued for, and recovered in one claim, suit
or other proceeding in the name of the Mayor and City Council
of Baltimore.

COLLECTOE OF WATEK KENTS AND LICENSES.

1898, ch. 123. 1900, ch. 109.

59. The Collector of Water Rents and Licenses shall be

the head of the sixth sub-department of Finance, and shall be
appointed by the Mayor in the mode prescribed in section 25
of this Article, and hold his office as therein provided. He
shall be paid the salary of two thousand five hundred dollars
($2,500) per annum, payable monthly. He shall collect all
water rents and license fees, and all other dues, or revenues to
which the Mayor and City Council of Baltimore is or may
be entitled except otherwise provided in this article, and he
shall have such assistants and clerks and perform such other
duties as shall be prescribed by ordinances not inconsistent with
this Article. All licenses imposed by ordinances shall be due
and collectible in the first week of January in each year, and
it shall be the duty of said Collector of Water Rents and
Licenses to see that said Licenses are paid at that time; pro-
vided, that the Mayor and City Council of Baltimore may, if
the public service permits, assign the duties to be performed
by this section to be performed by the Collector of Water
Rents and Licenses, to some other municipal official, and when
so done by ordinance this office may be abolished.

Does not apply to market licenses.

Meushaw v. State, 109 Md. 84. City v. WoUman, 123 Md. 310.

DEPARTMENT OF LAW.

60. There shall be a Department of Law of the Mayor and
City Council of Baltimore; the head of said department shall
be the City Solicitor.

1906, ch. 459.

61. The City Solicitor shall be appointed by the Mayor in
the mode prescribed in section 25 of this Article, and hold his
office as therein provided. He shall be a member of the Balti-
more Bar, who has practiced his profession for not less than
ten years in Baltimore City, and he shall receive a salary of
forty-five hundred dollars per annum, payable monthly.

1898, ch. 123. 1904, ch. 112. 190G, ch. 206.

62. The City Solicitor shall be the legal adviser of the
Mayor and City Council of Baltimore, and its several depart-
ments, and special commissions or boards, and shall have general
supervision and direction of all legal business of the city, lie
shall have charge and direction of the preparation and trial
of all suits, actions and proceedings of every kind to wliicli the
city, or any municipal official, department, special commission
or board, shall be a party in any Court, local, State or Federal,

or before any Justice of tlie Peace, and when practicable, with-
out conflict with his other duties, he shall personally participate
in the trial of all such suits in any of the Federal Courts and
in the Court of Appeals of Maryland and of all such suits in
other Courts which the Mayor may request him in writing to
try, and shall discharge such other duties as may from time to
time be prescribed by ordinances not inconsistent with this
Article. He shall appoint in writing four assistants, to be
known respectively, as the Deputy City Solicitor and Assistant
City Solicitor, all of whom shall be members of the Baltimore
Bar, and shall hold their respective positions at salaries payable
monthly of $3,000 per annum for the Deputy City Solicitor and
$2,500 per annum for each of the said Assistant Cit3^ Solici-
tors, during the pleasure of the City Solicitor, who is hereby
authorized to assign to them the performance, subject to his
direction and control, of any of the duties required of him by
this Article, whether expressed to be personal to himself or
not, excepting only such duties as pertain to his character as a
member of the Board of Estimates or the Board of Awards.
In case any vacancy shall occur in the office of the City Solicitor
whether by death, resignation or otherwise, the Deputy City
Solicitor shall perform all the duties appertaining to said office
until the appointment and qualification of the new City Solici-
tor, and during the absence, sickness or other disability of
the City Solicitor, the Deputy City Solicitor shall perform all
the duties appertaining to the office of City Solicitor, including
his duties as a member of the Board of Estimates and of the
Board of Awards. In addition to such other duties as the City
Solicitor may assign to him, one of the Assistant City Solicitors
shall have charge, subject to the direction and control of the
City Solicitor, of the examination of all titles on behalf of the
city, and in doing such work shall be aided by such persons as
the City Solicitor shall employ for the purpose out of the funds
appropriated by the annual ordinance of estimates to his de-
partment for general expenses, or out of the proceeds of loans
or other sums appropriated by the Mayor and City Council of
Baltimore to defray the cost of public improvements or work
involving the examination of titles on behalf of the city.

In relation to the powers and duties of the City Solicitor and his
authority in representing the city in suits prior to the enactment of
the new City Charter, see,

Balto. V. Ritchie, 51 Md. 233. Ireton v. Baltimore, 61 Md. 432. Dugan
V. Mayor, 70 Md. 7, 8. M. & C. C. of Balto. v. Turnpike Co., 80 Md. 546.

City Solicitor not a ministerial officer,

Gross V. M. & C. C, 111 Md. 543.

63. The City Solicitor shall give advice and opinions in
writing upon any legal questions aft'ecting the interest of the
city, which may be submitted to him in writing by the Mayor
or either Branch of the City Council, or any Committee there-
of, or the head of any department, or a special commission or
board. All deeds, bonds, contracts and other legal instruments
involving the interest of the city or to be executed by or passed
to the Mayor or other officer of the city shall, before they are
executed or accepted, be submitted to the City Solicitor and
have endorsed upon them his opinion as to their sufficiency and
their compliance in terms and conditions with the laws or ordi-
nances under which they are executed. It shall be the duty of
all officers and departments of the city to submit all such bonds,
contracts or other written instruments to the City Solicitor for
his approval before executing or accepting the same.

64. The Law Department shall have its offices and head-
quarters in such rooms in the City Hall, or elsewhere, as the
Mayor may designate, to be provided and furnished at the
expense of the city, and which shall be open on all business
days between the hours of 9 A. M. and 3 P. M. All papers and
documents relating to the legal business of the city shall be
permanently filed in said office.

1898, eh. 123. 1904, ch. 112. 1906, ch. 206.

65. The City Solicitor is authorized to employ, in addition
to the assistants to one of the Assistant City Solicitors men-
tioned in section 62 of this Article, at a total cost not exceeding
the aggregate amount therefor fixed by the annual ordinance of
estimates, a clerk, stenographer and typewriter, and such other
assistants of every kind as he may require, who shall at all times
be subject to his orders. The said clerk shall, subject to the
direction of the City Solicitor, have charge and custody of the
office and papers of the Law Department, which shall be ar-
ranged and indexed by him in such convenient and orderly
manner as to be at all times readily accessible. He shall also
keep in said office a complete docket and duplicate pleadings
of all suits, actions, or proceedings in which the city, or any
department or official thereof, is interested, pending in any
Court or tribunal, upon which docket such appropriate entries
shall be made as to show at all times the coiiditi(jii of each one
of such cases. He shall also keep and record in a book to be
provided for that purpose the original or duplicate copies of all
written opinions furnished by the Law Department to the city,

or to any department or official thereof, and also of all abstracts
of title furnished to the city by the Law Department. He shall
also procure as far as possible all legal opinions and abstracts
of title which have heretofore been furnished to the city, or
any department or official thereof, and shall file and arrange
such opinions and abstracts in such manner and order as to be
at all times readily accessible, and shall make and preserve an
index thereof. He shall also procure all law books heretofore
purchased by the city and in possession of any law officer or ex-
law officer of the city, and arrange them in a proper bookcase.

66. The City Solicitor shall have authority, with the written
approval of the Mayor, to institute on behalf of the Mayor and
City Council of Baltimore, any suit, action or proceeding in
any court or tribunal, local. State or Federal. All appeals on
behalf of the city to the Court of Appeals, the Supreme Court
of the United States, the United States Circuit Court of Ap-
peals or to any other Court shall be taken upon the written
order of the City Solicitor, approved by the Mayor.

M. & C. C. of Baltimore v. Turnpike Co., 80 Md. 536.

67. The City Solicitor and his Assistants shall be allowed
reasonable traveling expenses outside of the city, to be audited
by the Comptroller, when on business connected with the Law
Department.

DEPAETMENT OF PUBLIC SAFETY.

68. There shall be a Department of Public Safety of the
Mayor and City Council of Baltimore, which shall consist of
the Board of Fire Commissioners, Commissioner of Health,
Inspector of Buildings and Commissioner of Street Cleaning,
and ex officio the President of the Board of Police Commis-
sioners. The head of said department shall consist of a Board
of Public Safety, composed of the President of the Board of
Fire Commissioners, who shall be President of said Board,
Commissioner of Health, Inspector of Buildings, Commissioner
of Street Cleaning, and the President of the Board of Police
Commissioners. This Board shall be for consultation and ad-
vice, and it shall have no power to direct or control the duties
or the work of any sub-department. It shall perform such other
duties as may be required of it by ordinances not inconsistent
with this Article.

BOARD OF FIRE COMMISSIONERS.

69. The Board of Fire Commissioners shall be the head
of the first sub-departmeut of Public Safety, and shall consist
of a Board of three persons appointed by the Mayor in the man-
ner prescribed in section 25 of this Article, and hold their
offices as therein provided, and they shall have control, regula-
tion and supervision of the Fire Department and matters re-
lating to the same, and shall perform such other duties as may
be required by ordinances not inconsistent with this Article.
One of said three persons shall be designated by the Mayor as
the President of said Board. Each member of said Board
shall be paid a salary of one thousand dollars per annum, paya-
ble monthly. They shall have power to appoint ajl subordi-
nates in their sub-department, and fix their compensation, not,
however, to exceed in number of employees or aggregate amount
of compensation the limits fixed by ordinance.

1884, ch. 312. 1886, ch. 463. 1888, ch. 393. P. L. L., (1888) Art. 4,

sees. 315 and 315A.

70. The Board of Fire Commissioners of the City of Balti-
more may retire from office in the Fire Department any per-
manent or call member thereof who has become permanently
disabled while in the actual performance of duty, or who has
performed faithful service in the department for a period of
not less than twenty consecutive years, or who may become una-
ble to perform further service by reason of age or other physi-
cal or mental disabilities, and place the member so retired upon
a pension roll. And said Board may also provide for the re-
lief of the widows and children of firemen who may be killed
in the discharge of dutv. The amount of such annual pension
to be allowed by said Board of Fire Commissioners to each
pensioner shall be equal to one-half the yearly amount then
being received by him, for service in said department at the
time of such retirement, per annum, payable in monthly in-
stallments.

COMMISSIONER OF HEALTH.

71. The Commissioner of Health shall be the head of the
second sub-department of Public Safety. He shall be appointed
by the Mayor, in the mode prescribed in section 2.5 of tliis Arti-
cle, and hold his office as therein provided. It shall be liis duty
to cause all ordinances now in existence or wliich may here-
after be enacted for the preservation of the health of tlie City
of Baltimore, not inconsistent with this Article, to be faitlifully

Qsecuted and strictly observed; and all power and authority
now lodged in the Board of Health in said city shall be and
the same is hereby transferred to the Commissioner of Health.
His salary shall be three thousand five hundred dollars per
annum, payable monthly, and he shall be a physician of five
years' experience and active practice at the time of his appoint-
ment. He shall perform such duties in this department as are
now required or may hereafter be prescribed by ordinance not
inconsistent with this Article. The Commissioner of Health
may appoint two Assistant Commissioners of Health, a Medical
Examiner and an Assistant Medical Examiner, and a reasona-
ble number of clerks and subordinates, and fix their compensa-
tion, but no greater number of persons shall be appointed by or
employed under said Commissioner of Health than the public
interests demand and the appropriation by the Mayor and City
Council of Baltimore shall justify.

J"'or origin of provisions of cliarter under ttiis title, see City Code
(1893), Art. 23.

72. There may be appointed by the Commissioner of Health,
a reasonable number of Sanitary Inspectors for said city, not
exceeding fifteen, of whom two may be physicians, and one, at
least, shall be a person skilled in the matters of drainage and
ventilation; and the Commissioner of Health from time to
time may prescribe the duties of each, consistent with the ordi-
nances now existing or hereafter enacted, and not inconsistent
with this Article.

1894, ch. 53.

73. The Commissioner of Health shall appoint all inspectors
and analysts of bakeries, bake shops, candy factories, confec-
tioners or other places for the manufacture of bread, cakes,
confectionery and similar food products, for the purpose more
especially of ascertaining their sanitary condition and cleanli-
ness, and for the purpose of ascertaining the purity, healthful-
ness and wholesomeness of the flour, sugar, butter, lard or other
ingredients used in making such bread, cakes, confectionery
and other articles of food offered for sale in the City of Balti-
more, or intended for consumption therein, as by ordinance may
be prescribed.

Deems v. M. & C. C. of Baltimore, 80 Md. 170.

1894, ch. 53.

74. The Commissioner of Health shall appoint all inspectors
and analysts for the proper inspection of milk or any and all

other food products offered for sale in the City of Baltimore,
or intended for consumption therein, as by ordinance may be
prescribed.

Deems v. M. & C. C. of Baltimore, 80 Md. 170.

75. One of the Assistant Commissioners of Health, who
shall be a legally authorized practicing physician in good
standing, shall be assigned to the performance of the duties
of Quarantine Hospital Physician. He shall reside perma-
nently on the grounds attached to the Hospital on the southern
shore of the Patapsco River, and known as the Quarantine Hos-
pital of the port of Baltimore, and shall superintend all the
affairs of the hospital and the adjacent grounds, under the direc-
tion of the Commissioner of Health. Whatever powers have
been heretofore granted by the Mayor and City Council of
Baltimore, in regard to quarantine regulations, to the Board of
Health, are hereby transferred to the Commissioner of Health,
subject to alteration, amendment or repeal by ordinances not
inconsistent with this Article.

76. In consideration of the duties to be performed by one
of the Assistant Commissioners of Health as Quarantine Hos-
pital Physician, said officer shall hereafter receive, in lieu of all
commissions and fees, a salary of three thousand dollars per
annum, payable monthly, and he may occupy the dwelling on
the hospital grounds free of charge, but all expenses incurred
for his support, or that of his family, shall be defrayed out of
his salary. The other Assistant Commissioner of Health shall
be allowed a salary of two thousand dollars per annum, payable
monthly.

1898, ch. 123. 1900, ch. 109.

77. The Commissioner of Health shall annually appoint a
Vaccine Physician for every ward of the City of lialtimore,
who shall be a resident of the ward for which he may be ap-
pointed, who shall vaccinate in his ward all such persons as may
be designated by the Commissioner or Assistant Commissioner
of Health as susceptible to small-pox contagion, nnd whose duty
it shall be to visit each dwelling house in the ward for which
he is appointed and vaccinate every person who may bo pre-
sented to him for that purpose, and to be prepared at his olllce
at such hours as may be designated by the Commissioner of
Health to vaccinate all who may there call on liim llial arc
residents of said ward requiring vaccination, lie shall keep a
record of the names, ages and residences of nil wlioin lie slnili

(5)

vaccinate or re-vaccinate, and report the same monthly under
oath or affirmation to the Commissioner of Health, and shall
also report to said Commissioner of Health monthly the names
of all persons who shall refuse to suffer themselves or the mem-
bers of their household to he vaccinated when the same shall
be necessary. He shall discharge all other duties which may
be required of him as such Vaccine Physician by ordinances
not inconsistent with this Article, and shall also discharge the
duties of Sanitary Inspector for his ward. Each Vaccine
Physician shall be paid a salary of not more than nine hundred
dollars ($900) per annum, to be fixed by the Health Commis-
sioner, payable monthly.

78. Each of the said Vaccine Physicians shall act as
health warden of his respective wards, and shall sign, without
charge, all certificates that may be required of him to enable
children from the respective vaccine districts to enter any of
the public schools of Baltimore; and he shall have a general
supervision of the health of his respective wards, and report to
the Commissioner of Health any nuisance which in his opinion
is or may become a source of disease, and in case of the mani-
festation of any contagious disease, he shall at once, under the
direction of the Commissioner of Health, proceed to use such
means as the nature of the case may demand, to arrest its
progress.

INSPECTOK OF BUILDINGS.

79. The Inspector of Buildings shall be the head of the
third sub-department of Public Safety. He shall be an archi-
tect or builder of ten years' experience in the active practice of
his profession and have had responsible charge of work for
at least that length of time. He shall be appointed by the
Mayor in the mode prescribed in section 25 of this Article,
and hold his office as therein provided, and under this depart-
ment he shall have the supervision of the construction of all
buildings erected in the said city, and shall see that the
building laws relating to the construction of said buildings
shall be complied with, and he shall perform such other duties
as may be prescribed by ordinances not inconsistent with this
Article. He shall be paid a salary of three thousand dollars
per annum, payable monthly.

1882, ch. 74. P. L. L., (1888) Art. 4, sec. 129.

80. It shall be the duty of the Inspector of Buildings to

visit and inspect all theatres, hotels, public halls, churches,
school-houses and buildings used for public assemblages, and
all manufactories employing twenty-five or more persons, now
erected or that mav hereafter be erected in the Citv of Balti-
more for the purpose of ascertaining if said buildings have the
proper means of exit in case of fire or panic; and if, on
examination, the said Inspector of Buildings, shall determine
that said buildings, as herein enumerated, have not the proper
means of exit for the purposes herein prescribed, then it shall
be the duty of the said Inspector of Buildings to notify in
writing, the owners, trustees or lessees of said buildings that
the proper means of exit do not exist, and direct the said
owners, trustees or lessees of said buildings, as herein enumer-
ated, to so improve the same as to provide the proper means
of exit, in case of fire or panic, as in the judgment of the said
Inspector of Buildings he may deem proper and necessary,

1882, ch. 74. P. L. L., (1888) Art. 4, sec. 130.

81. If any person having been notified, as provided in the
preceding section, shall fail to comply with said notice, he shall,
after the expiration of thirty days from the date of said notice,
forfeit and pay a fine of one hundred dollars for non-com-
pliance therewith, and twenty-five dollars per day for each
and every day thereafter that he shall refuse to make such
improvements as prescribed in the notice so given, as provided
in the preceding section ; said fines to be collected as other
fines are collected by law.

82. It shall be the duty of the Inspector of Buildings to
enforce the execution of all existing or hereafter enacted build-
ing regulations and ordinances relating to the construction,
alteration and removal of buildings, or other structures, walls
or parts of buildings or other structures. The Inspector of
Buildings shall have power to appoint such assistants and
subordinates, clerks and employees as are or may hereafter be
prescribed by ordinance, and fix their compensation, not to
exceed in the aggregate the amount allowed by ordinance.

COMMISSIONER OF STREET CLEANING.

83. The Commissioner of Street Cleaning shall be the head
of the fourth sub-department of Public; Safety. He shall bo
appointed by the Mayor in the mode prescribed in section Sf) of
this Article, and hold his office as therein provided. lie shall be
charged with the duty of cleuTiing tli(^ streets, as well as the

100

cleaning of the sewers, subject as to the latter to the direction
and orders of the City Engineer ; and shall perform such other
duties as may be prescribed by ordinances not inconsistent with
this Article. He shall be paid a salary of two thousand five
hundred dollars per annum, payable monthly. The Commis-
sioner may appoint such subordinates as his department shall
require, and fix their compensation, not to exceed in the
aggregate the amount appropriated by ordinance.

DEPAKTMENT OF PUBLIC IMPROVEMENTS.

1914, ch. 852.

84. There shall be a Department of Public Improvements
of the Mayor and City Council of Baltimore, the head of which
department shall be the Chief Engineer of Baltimore, who
shall be appointed by the Mayor in' the mode prescribed in
section 25 of this Article, and hold his office as therein pro-
vided, except that the first Chief Engineer who shall be ap-
pointed in pursuance of this Act may be appointed by the
Mayor as soon after the passage of this Act as to him may seem
proper, to hold office until the first Monday in October, 1915.
The said Chief Engineer of Baltimore shall be a civil engineer
of standing in his profession and shall have been in active
practice and have had responsible charge of work for at least
five years; he shall have supervision of all engineering ques-
tions and matters connected with any and every public improve-
ment in Baltimore City or elsewhere, made by the Mayor and
City Council of Baltimore, or any department, board or
agency thereof, and all plans and specifications for all such
public improvements involving any engineering question or
questions shall be submitted to him and be subject to his ap-
proval. He shall take the place of the City Engineer as Chief
Engineer of the Paving Commission and shall advise the Board
of Estimates on all engineering matters ; he shall perform such
other duties as may be imposed upon him by ordinances of the
Mayor and City Council of Baltimore or by the Board of
Estimates not inconsistent with those herein specified ; he shall
receive a salary of $4,500.00 per annum, payable as the
salaries of other city officials, subject, however, to the pro-
visions of section 36A of the City Charter; he shall give his
whole time and attention to the duties of his position, and shall
not accept or engage in any other employment during the time of
holding said position, except by the previous consent of the
Board of Estimates entered upon their minutes. The organi-
zation of the Department of Public Improvements shall con-

101

sist of the Chief Engineer of Baltimore, as president, and of
the following sub-departments :

Highwaj^s Engineer,

Commission on City Plan,

Topographical Survey Commission,

Sewerage Commission,

Paving Commission,

Annex Improvement Commission,

Electrical Commission,

Water Board,

Harbor Board,

Inspector of Buildings,

City Surveyor.

The City Surveyor, under the direction of the Chief Engi-
neer, shall perform such duties as may be imposed upon him
by ordinance ; he shall receive as compensation for the discharge
of his duties the sum of three thousand dollars ($3,000.00) per
annum, payable as the salaries of other city officials are pay-
able, which shall be in lieu of all fees or emoluments received
by him which have been heretofore chargeable to the city, and
all fees and emoluments which he may receive from any*^ party
other than the city shall be collected by him and turned over to
the Comptroller and credited to the general revenue of the city.

The Highways Engineer, under the direction of the Chief
Engineer of Baltimore, shall perform all the duties heretofore
performed, or required by any law to be performed, by the
City Engineer, except the duties of the Chief Engineer of the
Paving Commission, which shall be performed by the Chief
Engineer of Baltimore.

The other sub-departments above mentioned shall continue
to perform the duties imposed upon them by law as heretofore,
excepting only that they shall be subject to the supervision and
direction of the Chief Engineer of Baltimore as lierein pro-
vided. He shall be the arbiter of all questions and controversies
that may arise between any of the said sub-departments or be-
tween the engineers of said sub-departments, and his decision
shall be final. He shall have power to call togetlier for consulta-
tion, whenever he deems it advisable, the Highways Engineer,
the Water Engineer, the Harbor Engineer, tlie City Surveyor,
and the Engineer of each of the other sub-departments above
mentioned, or the chief engineer of any of said snb-dopartmonts
having more than one engineer. Upon re(inest of any sub-
department, or the head or engineer thereof, or any other party
in interest, he shall call together the engineers above mentioned

102

to discuss and give their opinions upon any engineering ques-
tion that may arise or be presented for his determination ; and,
in the event of any controversy between any of the sub-depart-
ments or the engineers thereof, he shall give opportunity to
both sides to be heard before said board of engineers ; but after
such hearing, and after hearing the opinions of said engineers,
the decision of the matter shall be made by the said Chief Engi-
neer. Whenever, because of sickness, temporary absence from
the city, or other disability, or under the stress of conflicting
engagements or other reasonable necessity, the Chief Engineer
of Baltimore shall be unable to discharge any duties or exercise
any power imposed or conferred upon him in person in his
primary capacity as Chief Engineer of Baltimore, by law or
ordinance, he shall be and is hereby authorized to delegate in
writing, subject to the approval of the Mayor, the discharge of
such duty or the exercise of such power to such one or more of
his chief subordinates as he may select.

There shall be connected with said Department of Public
Improvements a Board of Public Improvements, composed of
the Chief Engineer of Baltimore, the Highways Engineer, the
Water Engineer, the Harbor Engineer, and the Inspector of
Buildings. This Board shall be for consultation and advice. It
shall have no power to direct or control the duties or the work
of any sub-department under this Department, It shall per-
form such other duties as may be required of it by ordinances
not inconsistent with this Article.

85. When any ordinance for a public improvement, not
included in the ordinance of estimates furnished by the Board
of Estimates under the provisions of this Article, exceeding
in cost the sum of two thousand dollars has passed its first
reading in the Branch of the City Council in which it origi-
nates, it shall be referred to the Board of Public Improvements
for an opinion, in writing, as to its advisability and whether
the wants of the city actually require such an improvement, and
by the last-named Board with such opinion attached to said
ordinance it shall be sent to the Board of Estimates for its
opinion, in writing, as to the probable cost of the same and
whether the financial condition of the city will justify such an
expenditure. "No further action with regard to said ordinance
shall be taken by the City Council until such reports have been
made and submitted to both Branches of the City Council and
read and entered on the respective journals of said Branches.
It shall be the duty of both of the said Boards to promptly make

103

the said reports and the Board of Estimates shall return the
same attached to said ordinance to the City Council.
Baltimore City v. Gorter, 93 Md. 13.

HIGHWAYS El^GINEER.

1906, ch. 459. 1914, ch. 852.

86. The Highways Engineer, who shall be the head of the
first sub-department of Public Improvements, shall be ap-
pointed by the Mayor in the mode prescribed in section 25 of
this Article, and hold his office as therein provided. He shall
have control and supervision of the streets, highways, lanes and
alleys of the City of Baltimore, both as to their construction,
paving and curbing. He shall construct all sewers, unless
otherwise provided by ordinance of the City Council or Act of
the Legislature. He shall be a civil engineer in the active
practice of his profession for five years, and one who has had
responsible charge of work for at least that length of time. He
shall perform all the duties heretofore performed by the City
Engineer, unless otherwise provided in this Article. He shaU
receive a salary of forty-five hundred dollars ($4,500.00) per
annum, payable monthly, and perform such other duties as may
be prescribed by ordinances not inconsistent with this Article.
He shall have power to appoint such subordinates as he may
require, and fix their compensation, not, however, to exceed in
number or compensation the limits fixed by ordinance (pro-
vided, however, that nothing in this Act contained shall be con-
strued to in any wise impair or modify the powers conferred
upon the Sewerage Commission created under the provisions of
Chapter 349 of the Acts of 1004).

86A. Ptcpealed by Act of 1914, ch. 852.
PKOTECTION OF IMPEOVED PAVEMENTS.

1906, ch. 798.

86B. Whenever any of the streets, lanes or alleys of the
City of Baltimore are to be paved or repaved with any new or
improved pavements, the City Engineer before said paving or
repaving is proceeded with shall cause a notice to be inserted
in two daily newspapers published in the City of Baltimore,
once a week for four successive weeks, notifying all persons and
corporations that upon the expiration of a day to be named in
said notice, said day not to be less than six weeks from the date
of the first insertion of said notice, he will proceed witli said
paving or repaving and warning said persons and corporations to

104

obtain permits for and to complete all work that might in any
way necessitate the digging or tearing up of the said street,
lane or alley, or any part thereof when so paved or repaved,
before said day, and written or printed notices of like tenor
and effect shall likewise at least four weeks before the expira-
tion of said day, be served by the City Engineer, or on his be-
half, upon all persons or corporations that he may suppose to
be interested in receiving such notices ; provided, however, that
the service of such last mentioned notices shall not be so con-
strued as to be one of the prerequisites to the validity of the
proceedings by the city under this and the succeeding section
of this Article.

1906, ch. 798.

86C. The said pavement or repavement when thereafter
laid shall in no event be dug or torn up in whole or in part at
the instance of or by any person or corporation, unless in the
case of some special emergency that could not under the cir-
cumstances be reasonably expected to have been foreseen by said
person or corporation, except upon a permit obtained therefor,
signed and issued by the Mayor and City Engineer, jointly,
which said permit said Mayor and City Engineer are expressly
empowered in their absolute discretion to issue or withhold as
the circumstances may appear to them to warrant. In case the
said Mayor and City Engineer determine to issue said permit,
they may attach such conditions and terms thereto as they may
deem right and proper.

1912, ch. 429.

86D. The City Engineer shall be the Chief Engineer, and
after the Sewerage Commission shall have completed the sewer-
age system, under all Acts of the General Assembly of Mary-
land, and shall have turned the same over to the Mayor and
City Council of Baltimore, as therein provided, the City Engi-
neer shall have charge of the maintenance and extension of the
sewerage system.

WATER BOARD.

87. The Water Board shall be the head of the second sub-
department of Public Improvements, and shall have chai-ge of
the water supply to the inhabitants of the City of Baltimore,
and shall consist of five persons appointed by the Mayor in the
manner prescribed in section 25 of this Article, and hold their
offices as therein provided. One of said five persons, who shall

105

be the President of said Board and knoA\Ti as the Water Engi-
neer, and so named by the Mayor, shall be a civil engineer in the
active practice of his profession for five years, and who has had
responsible charge of work for at least that period of time. The
Water Engineer shall receive a- salary of four thousand dollars
per annum, payable monthly, and the other members of said
Board shall serve without pay. All subordinates employed in
said sub-department shall be appointed by the Water Engineer,
subject to the approval of said Board ; he shall fix their compen-
sation not to exceed in the aggregate the amount appropriated by
ordinance. The Water Engineer and Water Board shall per-
form such other duties as now or may hereafter be prescribed
by ordinances not inconsistent with this Article.

1904, ch. 364.

87A. The Water Board shall have such power and authority
with reference to the assessing and establishing of rates either
by meter, fixed charge or otherwise, for the supply and use of
water for any purpose and at any point in Baltimore City and
County, as may be delegated by said Board by ordinance of the
Mayor and City Council of Baltimore; payments of said rates
to be enforced as now provided by law ; and the said Water
Board shall also have such power and authority with reference
to the abatement of water rates as may be delegated to them by
ordinance of the Mayor and City Council of Baltimore.

IIAEBOR BOARD.

1908, ch. 170.

38. The Harbor Board shall be the head of the third sub-
department of Public Improvements, which shall have charge of
the harbor, wharves and navigable waters, including bridges
over same, in and adjacent to the City of Baltimore. It shall
consist of five persons appointed by the Mayor in the manner
prescribed in section 25 of this Article, who shall hold tlieir
offices as therein provided. One of said five persons, who shall
be the president of said board, and known as the Harbor Engi-
neer, and so named by the Mayor, shall be a civil engineer in
the active practice of his profession for five years, and who has
had responsible charge of work for at least tliat period of time.
Tlio Harbor Engineer shall receive a siilnry of four tlioiisnnd
dollars per annum, payable monthly, and the other members of
said board shall serve without pay. All subordinates employed
in said sub-department shall be appointed by the Harbor Engi-
neer, subject to the approval of said board; he shall fix their

106

compensation, not to exceed in the aggregate the amount appro-
priated by ordinance. The Harbor Engineer and Harbor Board
shall perform such other duties as may hereafter be prescribed
by ordinances not inconsistent with this Article.

INSPECTOE OF BUILDINGS.

89. The Inspector of Buildings shall be the head of the
fourth sub-department of Public Improvements, and shall be
the same officer whose appointment is provided for herein in
the Department of Public Safety. The duties he shall perform
in this department and sub-department shall be the superin-
tendence of the construction and repairing of all buildings built
by the city, unless otherwise provided by ordinances. He shall
receive no additional pay for his services rendered in this de-
partmtot. Pie shall perform such other duties in this depart-
ment as may be required of him by ordinances not inconsistent
with this Article.

DEPARTMENT OF PUBLIC PARKS AND SQUARES.

1906, ch. 416.

90. There shall be a Department of Public Parks and
Squares of the Mayor and City Council of Baltimore, the head
of said department shall consist of a Board of Park Commis-
sioners composed of five members to serve without pay, ap-
pointed by the Mayor in the manner prescribed in section 25 of
this Article, one of whom shall be the President thereof, and
shall be so designated by the Mayor. Their term of office shall
be five years, one of them to retire at the end of every year at
which time his successor shall be appointed. The present Board
shall determine by lots their terms of office so as to provide for
the retirement of one of its members on the first Monday in
October in the vear 1906, and one at the end of each vear
thereafter succeeding; provided, however, that none of the
present Board shall serve for a longer term than five years,
unless reappointed ; said Board shall elect a secretary, who shall
be paid a salary of one thousand five hundred dollars ($1,500)
per annum, payable monthly, and he shall be the clerk of said
Board, and shall perform such duties as may be prescribed by
said Board. The said Board shall perform such other duties as
may be prescribed by ordinances not inconsistent with this
Article.

1906, ch. 416.

91. The Board of Park Commissioners shall have charge

107

and control of all public parks, squares, boulevards leading to
parks, springs and monuments belonging to and controlled by
or in the custody of the Mayor and City Council of Baltimore ;
and it shall have power and authority to rent or lease property,
which it may acquire on behalf of the city, whether by purchase,
condemnation or otherwise, at such reasonable rentals, and for
such terms as to the said Board may seem proper.

1862, ch. 29. P. L. L., (188S) Art. 4, sec. 706.

92. The Board of Park Commissioners shall have power
from time to time to make such rules and regulations for the
government and preservation of order within the parks, squares,
springs and monuments belonging to, controlled by, or in tlie
custody of the Mayor and City Council of Baltimore, as it may
deem expedient. To carry out such regulations, lines not
exceeding in any one case one hundred dollars shall be imposed
for breaches of said rules and regulations, which fines shall be
recoverable as other fines are in the name of the city, and said
amounts so recovered shall be used and appropriated to the
purposes of the Board of Park Commissioners.

1876, ch. 40. P. L. L., (1888) Art. 4, sec. 707. 1902, ch. 92. 1906, ch. 416.

93. The Board of Park Commissioners is authorized and
empowered to regulate the speed of vehicles and equestrians
within one mile of the approach and within the limits of said
parks and squares, and to impose the fines provided for in the
preceding section for the violation of any regulations it may
establish in this connection, to be recovered as therein provided;
but the said Board of Park Commissioners shall have no author-
ity to pass any rule or regulation excluding private automobiles
from the free use of the parks, squares and roadways under its
control, nor shall the said Board of Park Commissioners have
authority to pass any rvde or regulation requiring vehicles,
equestrians or automobiles to travel at a slower rate of speed
tlian six miles per hour. The said Board shall also have power
and authority to admit into the parks, squares and boulevards
under its control, public conveyances, whether automobiles,
wagons, or any other kind of vehicles, upon such terms and
conditions as to charges and otherwise, as to the said Board may
seem proper.

1908, ch. 106.

93A. The Board of Park Commissioners is authorized and
empowered to establish athletic fields and plnygrounds in the
public parks of Baltimore City for the use of the students of

108

the public schools of said city, and to designate the grades and
classes of students who shall use the different playgrounds
which may be so established, and to prescribe rules and regula-
tions for the use thereof, and for the exclusion under reason-
able conditions of other persons therefrom.

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 708.

94. The several members of the said Board of Park Com-
missioners shall have the power of conservators of the peace
within the limits of said parks and squares.

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 709.

95. The Board of Police Commissioners of Baltimore City
is directed at the request of the Board of Park Commissioners
to detail from time to time such of the regular police force of
said city as the said Board of Park Commissioners may deem
necessary for the preservation of order within said parks and
squares, according to the regulations aforesaid, which policemen
shall be under the direction of said Board of Park Commis-
sioners, and shall have the same power in said parks and squares
that the Police of the City of Baltimore have as conservators of
the peace in Baltimore City or elsewhere.

Upshur V. Baltimore City, 94 Md. 743.

1876, ch. 344. P. L. L., (1888) Art. 4, sec. 712.

96. In addition to the powers now or hereafter conferred
upon the Board of Park Commissioners, it is authorized to form
zoological collections within the limits of said parks or squares
by the purchase and collection of live, wild or other animals,
for the purpose of public exhibition.

1876, ch. 344. P. L. L., (1888) Art. 4, sec. 717.

97. The said Board of Park Commissioners shall have full
power to employ and compensate all persons whom, in its judg-
ment, it may deem proper, in maintaining and supporting such
parks, squares, springs and monuments, or any other building,
collection, garden or reservation provided for in this Article.
The distribution of the park fund for the maintenance of the
different parks and squares shall be made by the Park Com-
missioners.

Addition made by Act of 1900, ch. 109, omitted in pursuance of M. &
C. C. V. Williams, 124 Md. 502.

109

1SS6, cb. 354. P. L. L., (1888) Art. 4, sec. 719.

98. The night watchmen employed by the Board of Park
Commissioners shall have, while on duty, the same power that
police in said city have as conservators of the peace.

1908, ch. 147.

98a. That the jurisdiction of the Board of Park Conmiis-
sioners of the City of Baltimore be and the same is hereby ex-
tended over the sidewalks which -border on Harlem Park, in
said city, on all sides of said park to the curb lines of said side-
walks, as now established.

1910, ch. 142.

98b. That the jurisdiction of the Board of Park Commis-
sioners of the City of Baltimore be, and the same is hereby, ex-
tended over the sidewalks which border on Collington Square,
or Park, in said city, on all sides of said square, or park, to
the curb lines of said sidewalks, as now established.

DEPAKTME:t^T OF EDUCATIOT^T.

1906, ch. 107.

99. There shall be a Department of Education of the Mayor
and City Council of Baltimore. The head of said department
shall consist of a Board of School Commissioners composed of
nine persons, who shall serve without pay, and who shall be
appointed by the ]\[ayor in the mode prescribed in section 25 of
this Article, and removable as therein provided. One of said
Commissioners shall be President of said Board and so desig-
nated by the Mayor when appointed. Their term of office shall
be six years, three of them to retire at the end of every two
years. The Board first appointed shall determine by lot their
term of office, so as to provide for the retirement in tlu^ suc-
ceeding two and four years of three of their number. The
members of said Board shall be residents of the City of Balti-
more for at least one year, citizens of the State of Maryland
for at least five years prior to their appointment. The members
of said Board shall be chosen by the Mayor from among those
he deems most capable of promoting the interest of public
education by reason of their intelligence, character, education or
business habits. In the selection of members of said Board and
in their action in the administration of the public schools,
ecclesiastical and party ties shall not be regarded, so that tlie
public schools may be entirely out of the field of political and

110

religious differences and controversies. The said Board shall
confirm or reject all nominations of teachers made to it, as
hereinafter provided by the Superintendent of Public Instruc-
tion and his assistants. It shall not confirm the appointment of
any teacher whose name does not appear upon the graded list,
hereinafter provided for. All oificers, secretaries, clerks and
employees shall be appointed by said Board, and may be re-
moved by it at pleasure, and any teacher may be removed by
said Board on the recommendation of the Superintendent of
Public Instruction after charges preferred and trial had. The
salary of all officers, teachers, secretaries, clerks and employees
shall be fixed by said Board, not to exceed in the aggregate the
amount appropriated by ordinance. Whenever the construction
of a new schoolhouse or the enlargement and repairs of an old
schoolhouse is authorized, the instructions of the Board of
School Commissioners shall be regarded by the Inspector of
Buildings in the preparation of his plans, and no plans shall be
finally adopted without the concurrence of said Board. All
text-books, stationery and furniture required for the public
schools shall be purchased by the said Board; subject to the
provisions of sections 14 and 15 of this Article.

In reference to powers of Board of School Commissioners, see: School
Commrs. of Balto. v. State Board of Education, 26 Md. 512. Weddle v.
Board School Commrs., 94 Md. 334.

Power, School Commissioners — appointment teachers.
Semmes, et al. v. Rowland, 114 Md. 260.

Members of the School Board are not liable for their official acts,
unless they "do wrong wilfully, fraudulently and corruptly."
Roschen v. School Commissioners, 116 Md. 42, 49.

Trial must be upon sufficient charges— it seems teacher on trial en-
titled to be represented by counsel.

Riggs V. Green, 118 Md. 219.

100. The said Board shall appoint the principal, professors,
tutors and instructors of the City College, the principals, tutors
and instructors of the Polytechnic Institutes, and of the High
Schools. It shall also appoint a Superintendent of Public
Instruction and one or more Assistant Superintendents of
Public Instruction, one of whom shall be the First Assistant,
and shall act as Superintendent of Public Instruction if that
officer is disabled. The said Superintendents shall all be per-
sons of education and experience in the management of schools,
and they shall not be less than twenty-five years of age, at the
time of their appointment, and shall discharge the duties herein
prescribed and such other duties as the said Bcfard may direct.
In order to secure the continuance of local interest in and

Ill

oversight of the public schools, there shall be appointed an-
nually by said Board such number of unpaid School Visitors
as may be found requisite. One or more of these visitors shall
be assigned to every school, and every visitor so assig-ned shall
be a resident or engaged in business within half mile of the
school to which he or she is assigned, so that the parents and
inhabitants of every neighborhood may have easy access to an
official of the public schools. The said visitors shall perform
the duties hereinafter prescribed, and such other duties as the
said Board may direct. The said Board may also appoint a
supervisor of the heating, plumbing and ventilation of school
buildings, to be known as Supervisor of School Buildings, who
shall, in addition to the supervision of school buildings in re-
spect to their heating, plumbing and ventilating, perform such

other duties as the Board may direct.

Baltimore City v. Lyman, 92 Md. 611.

SUPERINTENDENT AND ASSISTANT SUPERIN-
TENDENTS OF PUBLIC INSTRUCTION.

101. The duties of the Superintendent of Public Instruc-
tion and Assistant Superintendents of Public Instruction shall
include the examination of teachers and their nomination to the
Board of School Commissioners for appointment or promotion,
and the supervision of schools, and the study and suggestion of
methods by which the public school system of the City of Balti-
more may be maintained and improved. They shall hold regu-
lar meetings as a Board of Superintendents of Public Instruc-
tion and keep a record of the same, which shall be submitted to
the Board of School Commissioners. For the work of super-
vision and examination, standing committees shall be desig-
nated by the Superintendent of Public Instruction annually.
Of every such committee, the Superintendent of Public Instruc-
tion or the First Assistant Superintendent of Public Instruc-
iton, or both, shall be members ex officio, and the number of
additional members shall be determined from time to time, as
circumstances may require. Every school shall be visited at
frequent intervals by the Superintendent of Public Instruction
or one of the Assistant Superintendents of Public Instruction,
and written reports on its condition shall be filed in the office
of the Superintendent of Public Instruction, with such recom-
mendations as circumstances may call for. It shall be the duty
of the Superintendent of Public Instruction and his Assistants,
to devote their services exclusively to the public schools under
such regulations as the Board of School Commissioners nia_\

112

prescribe. It shall be the duty of the said Superintendent of
Public Instruction, with the aid of the Supervisor of School
Buildings, to ascertain the sanitary condition of every school,
and to report to the proper authorities what repairs or improve-
ments are necessary. It shall be the duty of the Superin-
tendent of Public Instruction and his Assistants, as examiners,
to ascertain, by appropriate committees, appointed as herein-
before provided, the training, knowledge, aptness for teaching,
and character of every future candidate for the place of a
teacher, and to report to the Board of School Commissioners
graded lists of those whom they deem qualified for appointment,
from which graded lists all nominations of teachers shall be
made by the Superintendent of Public Instruction and his
Assistants to the Board of School Commissioners. All such
nominations of teachers shall be made in the order in which the
names of the nominees appear upon such graded lists. In the
preparation of these graded lists, the Superintendent of Public
Instruction and his Assistants shall ascertain by competitive
examinations the relative qualifications of those candidates who
desire appointment, and shall place the names of the accepted
candidates upon said graded Jists in the order of their relative
qualifications, so ascertained by such competitive examination.
It shall be their duty to advise the Board of School Commis-
sioners whenever called upon, or whenever they think it impor-
tant, in respect to the course of studies, text-books or methods
of instruction. Wlienever the Superintendent of Public Instruc-
tion and his Assistants are in doubt what course to pursue, tbey
shall ask instructions from the Board of School Commissioners,
to whom they may present a majority and minority report, and
the decision of the Board of School Commissioners shall be
final. The Superintendent of Public Instruction and his
Assistants shall perform such other duties as may be prescribed
by order of the Board of School Commissioners not inconsistent
with this Article.

Baltimore City v. Lyman, 92 Md. 591.

102, It shall be the duty of the School Visitors, hereinbefore
provided for, to visit the schools to which they are assigned, and
to report upon their condition at least once in every quarter,
and oftener if they think it desirable. In case of an emergency
requiring attention, they shall immediately notify the Superin-
tendent of Public Instruction. The said School Visitors may
be called together by the Board of School Commissioners or the
Superintendent of Public Instruction whenever the interests of
the schools require it, or whenever it is thought important for

113

the office of a visitor to be defined, the organization of the school
system to be considered and the characteristics of a good school
to be clearly, stated to them. They shall perform such other
duties as the Board of School Commissioners may prescribe,
not inconsistent with this Article.

190S, ch. TS.

102A. There shall be a board to be known as the board of
trustees of the Teachers' Retirement Fund of Baltimore City,
to be composed of seven persons, who shall serve without com-
pensation for their duties as members of said board. The said
board of trustees shall be composed of the City Comptroller, the
Superintendent of Public Instruction, two members of the
Board of School Commissioners, to be elected by said Board of
School Commissioners annually in the month of November, be-
ginning in the year 1909, and the members so elected shall be-
come members of said board of trustees on the fifteenth day of
January next following the date of their election, provided that
as soon as practicable after the passage of this Act, the Board
of School Commissioners shall elect two of its members to serve
as members of the said board of trustees until the members
elected in November, 1909, shall become members of said board
of trustees ; aud three members of the teaching force of Balti-
more city, who shall be elected in the following manner: On
the third IMonday of November in each year, beginning in the
year 1909, the members of the teaching force of Baltimore City
shall deposit with the said Board of Trustees a sealed ballot
containing the names of three teachers representing his or lier
choice for membership of the said board of trustees. The
Board of Trustees shall examine said ballots and ffive to each
teacher receiving a vote credit therefor, and the three teachers
receiving the highest number of votes under the said ballots
shall become members of the said Board of Trustees on the
fifteenth day of January next following the date of their elec-
tion. The Board of Trustees shall publicly announce the result
of said election not later than the fifteenth day of December
next following the date said ballots were deposited ; provided,
however, that on the third Monday of May, 1908, three mem-
bers of the teachiug force of Baltimore City shall be elected in
the manner provided, except the said ballots shnll bo deposited
with the Board of School Commissioners, which Board shall
examine such ballots and give to each voter receiving a vote
credit Iherefor, and the three teachers receiving the highest
number of votes under said ballots shall be members of said
Board of Triistcos until tlic nicinbers elected in the year 1909

114

shall become members of said Board of Trustees. The Board
of School Commissioners shall publicly announce the result of
said election not later than June 15, 1908. As soon as practi-
cable after the passage of this Act the City Comptroller shall
call a meeting of said Board of Trustees.

1908, ch. 78.

102B. The members of the said Board of Trustees shall
hold office until their successors are elected and become mem-
bers as provided by the preceding section. In case of a vacancy
in said Board of Trustees by reason of death, resignation, or
through any other cause, of a member of the teaching force, the
Board of Trustees shall elect a member of said teaching force
as a member of said Board of Trustees for the unexpired term
of the person who has caused to be such ; in case of a vacancy
on said Board of Trustees by reason of death, resignation or
through any other cause, of a member of the Board of School
Commissioners, the said Board of School Commissioners shall
forthwith elect one of its members as a member of said Board
of Trustees for the unexpired term of the person who has
ceased to be such.

1908, ch. 78.

102C. A majority of said Board of Trustees shall consti-
tute a quorum for the transaction of all business, and the said
Board shall have full power to make and enforce all by-laws,
rules and orders that it may deem necessary or appropriate to
carry out the purposes of this Act, and said Board of Trustees
may take by gift, grant, devise or bequest, any money, personal
property, real estate or any interest therein, and any such gift,
grant, devise or bequest may be absolute, or upon the condition
that only the rents, profits and income arising from the same
shall be applied to the uses and purposes of the Teachers' Re-
tirement Fund, hereinafter mentioned, and said Board shall be
authorized to take such gift, devise or bequest under and by the
style of the Board of Trustees of the Teachers' Ketirement
Fund of Baltimore City, and to hold the same, or assign, trans-
fer or sell the same, whenever proper and necessary, under and
by such name.

•

1908, ch. 78.

102D, Said Board of Trustees shall elect from its members
a president, and shall appoint a secretary and a treasurer, both
of which offices may be held by the same person, and the said

115

Board of Trustees shall have power to appoint such other em-
■Dlovees as it mav from time to time deem necessary to carry out
the purposes of this Act, and the said board shall pay to the
secretary, treasurer and employees such salaries as may be
fixed by the board ; provided, that the salaries paid to the secre-
tary, treasurer and such other employees, and the number of
such other employees shall be subjected to the approval of the
Board of Estimates. It shall be the duty of the secretary to
keep a true and accurate account of the proceedings of said
Board of Trustees when acting upon matters relating to said
Teachers' Retirement Fund, and he shall perform such other
duties as the Board of Trustees shall direct. The secretary of
the Board of School Commissioners of said city shall act as
assistant secretary of the Board of Trustees with such additional
compensation therefor as may be fixed and paid by the Board of
Trustees, with the approval of the Board of Estimates, and it
shall be his duty to keep a true and correct statement of the
account of each member with the Teachers' Retirement Fund,
and to render to the Board of Trustees a monthly account of his
doings. The treasurer of said Board of Tmstees shall receive,
hold and keep account of all moneys belonging to the Teachers'
Retirement Fund ; he shall have the custody of all notes, bonds
and other securities belonging to said Teachers' Retirement
Fund, and shall collect the principal and interest of the same,
but before assuming to act as such treasurer, he shall furnish
bond in such penalty and with such surety or sureties as the
Board of Trustees may require, conditioned for the faithful per-
formance of the duties imnosed upon him by this Act, or that
may be assigned to him by the Board of Trustees, and for the
faithful accounting of all moneys and securities, including both
principal and interest, which may come into his hands and
which belong to the Teachers' Retirement Fund. Said treas-
urer, upon the expiration of his term of office, shall account to
said board for all moneys, notes, bonds and other securities
coming into his hands, and for the interest, income, profits,
rentals and proceeds of and from the same, and he shall turn
over to his successor all moneys, notes, bonds, and other securi-
ties belonging to said fund. The secretary, assistant secretary
and treasurer shall make a full, true and accurate account of
their offices whenever required so to do by the Board of Trustees.

1908, cli. 7S.

1021'^. Every teacher who is such at the time of the pas-
sage of this Act, shall, as soon as practicable thereafter, notify

116

the said Board of Trustees, in wi-iting, whether he or she desires
to accept the advantages of this Act, or any amendments thereto,
and every such acceptance, when given, shall be irrevocable, and
no such teacher who does not so accept shall be eligible for
election to said Board of Trustees nor shall he or she have the
right to vote for members thereof, and every such teacher who
shall fail so to accept before January 1, 1909, shall not be
entitled to any benefits or advantages under this Act, until he
or she shall have first paid into the Teachers' Retirement Fund
an amount equal to the assessments he or she would have paid
into said fund had such acceptance been given on December 31,
3 908, together with twenty per centum of such amount.

1908. ch. 78.

102F. Hereafter the Board of School Commissioners shall
require all applicants for appointment as teachers to agree, as
a condition of appointment, to accept and abide by the pro-
visions of this Act or any amendments thereto, and to pay the
assessments provided for herein or that may be provided for
hereafter.

1908, ch. 78.

102G. All money, property of any kind or securities that
may come into the hands of the said Board of Trustees under
the provisions of this Act, or any amendments thereto, shall be
known as the Teachers' Retirement Fund, and the said Board
of Trustees is hereby clothed with full and complete power and
exclusive control over said fund, and is hereby empowered to
have, demand, receive, hold, invest and re-invest the same for
the promotion of the purposes of said fund, which shall consist
of the following: First, assessments upon the salary of every
teacher who shall notify the Board of Trustees of his or her
acceptance of the provisions of this Act and amendments
thereto, under section 102E, and assessments upon the salary
of each and every teacher who may be appointed after the date
of the passage of this Act, as follows: one per centum per
annum (but not more than $14.40) upon the salary of every
teacher who shall not have been engaged in excess of ten years
in the public schools of Baltimore City; one and one-half per
centum per annum (but not more than $21.60) upon the
salary of every teacher who shall have been engaged in excess of
ten years but not more than twenty years in said public schools ;
and two per centum per annum (but not more than $28.80)
upon the salary of every teacher who shall have been engaged

117

longer than twenty years in said public schools, and the secre-
tary of the Board of School Commissioners shall prepare
monthly a roll of assessments and place opposite the name of
each and every teacher liable thereto one-twelfth of the amount
of the annual assessment payable by him or her, and shall
furnish forthwith a copy of such roll to the City Register, and
the said City Register shall deduct and retain out of the
monthly salary due to such teacher the amount of such monthly
assessment, and the sum of such monthly assessments shall be
immediately paid by the City Register to the said Board of
Trustees. Second : Sums received from the Mayor and Council
as follows: In case the Board of Trustees shall deem it ex-
pedient to have an additional sum to defray its expenses, to pay
the salaries provided for herein or to add to the Teachers'
Retirement Fund, the said Board of Trustees shall each year, in
due time, prepare a full and detailed statement of the assets
of said Teachers' Retirement Fund, and the additional sum
which is required to defray said expenses, to pay said salaries
or to add to the Teachers' Retirement Fund, and send the same
to the Board of Estimates, as other estimates are sent to it in
connection with the annual ordinance of estimates, and the
Board of Estimates is hereby empowered, in its discretion, to
insert such an appropriation in said ordinance for said pur-
poses as it may deem proper, and when said appropriation has
been received the same shall be paid over to the Board of
Trustees, and the unexpended balance remaining at the end of
each fiscal year shall be added to the permanent fund in
accordance with section 102M of this Act. Third : All money,
property of any kind or securities that may come into the hands
of said Board of Trustees for the purposes of said Teachers'
Retirement Fund by gift, grant, devise, bequest or otherwise.

1908, ch. 78.

102H. Tbe Board of School Commissioners may retire from
rcgulai" duty, upon its motion, and shall retire from regular
duty, upon his or her own motion, in either case the approval
of the Board of Trustees to be first obtained, any teacher who
has been such for a period of forty years at the time suc)i appli-
cation is made, and the teacher so retired, provided he or she
shall be entitled to the advantages of this Act under section
102E or 102F hereof, shall receive for life the salary provided
for by section 102O. Every teacher who is such at the time of
the passage of this Act, for the purposes of retirement uud'M-
this section or the next succeeding section, after service of

118

twenty years as a member of the teaching force of Baltimore
City, shall be entitled to full credit for his or her years of
service as a public school teacher elesewhere.

190S, ch. 78.

1021. The Board of School Commissioners shall retire from
regular duty, upon his or her own application, any teacher wiio
has been such for a period of twenty years at the time such
application is made, and who is disabled or incapacitated from
performing regular duty, provided the Board of Trustees shall
find such teacher so disabled or incapacitated after an exami-
nation made by a physician appointed by said Board of
Trustees, the examination fee or charge to be paid by the
teacher examined, and the teacher so retired, provided he or
she shall be entitled to the advantages of this Act under sections
102E and 102F hereof, shall receive for life a salary of as
many fortieths of that provided for by section 102O, as he or
she may have served years at the time of such retiremont, and
if the Board of School Commissioners shall deem any teacher
who has been such for a period of twenty years at the time the
notices herein provided for are given, to be disabled or inca-
pacitated from performing regular duty, the said Board of
School Commissioners shall serve written notice to that effect
upon the said teacher, and the president or secretary of the
Board of Trustees, and proceedings shall then be had, after the
notice provided for in section 102K, in accordance with the
provisions of said section. If the Board of Trustees after such
proceedings are had, shall find the said teacher to be in;'apaci-
tated from performing regular duty, the Board of School Com-
missioners may retire such teacher from regular duty, and such
teacher, if so retired, shall be entitled to a salary in th'^ ■^nme
manner and amount as if he or she had been retired upon his
or her own application under this section.

1908, ch. 78.

102J. Unless teachers who may be retired under the two
preceding sections, shall have paid into said Teachers' Retire-
ment Fund, by way of assessment or otherwise, an amount
equal at least to that which he or she shall be entitled to vecr-ive
as a salary for the first year of retirement, the said Board of
Trustees shall deduct one-fifth of the deficiency thereof from the
amount of said salary for each of the first five years that the
same may be payable.

119

1908, ch. 78.

102K. After any teacher shall have been retired under
section 1021, the Board of Trustees shall have the right at any
time to cause such teacher again to be brought before it and
examined by its physician, and also to examine other witnesses
for the purpose of ascertaining whether such teacher shall re-
main on the retired roll. The fee or charge of the examining
physician shall be paid by the Board of Trustees. Such teacher
shall be entitled to at least thirty days' notice, and to be present
at the hearing of any such evidence, shall be permitted to pro-
pound any question pertinent or relative to such matter, and
shall have the right to introduce evidence upon his or her own
behalf. Such teacher and all witnesses shall be examined under
oath, and any member of said Board of Trustees is hereby
authorized and empowered to administer such oath. If the
Board of Trustees shall find such teacher qualified for regiilar
duty, he or she shall report to the Superintendent of Public
Instruction of said city whenever required so to do by the Board
of Trustees, and said Superintendent shall assign such teacher
to such service or employment as may be within his or her
power to perform, in the judgment of such Superintendent and
of the examining physician employed by said Board of Trustees.
During the time of such employment such teacher shall receive
the regular salary therefor, and shall cease to be entitled to
any pa^Tnent out of said fund because of the disability or inca-
pacity, on account of which such teacher was originally retired.
Any teacher who may be retired under section 1021 and re-
assigned for active duty under this section, for the purposes of
later retirement under this Act, shall be considered as having
been in active service during the period of the former retire-
ment.

1908, ch. 78.

102 L Every teacher retired under the provisions of this
Act shall continue as an employee of the Mayor and City
Council, but shall be compensated from the Teachers' Retire-
ment Fund, as provided for in this Act, and it shall be the duty
of any teacher so retired to render, without extra compensation,
such teaching services and at such times as the Board of School
Commissioners shall direct, provided the Board of School Com-
missioners shall not direct any such retired teacher to perform
any teaching sei-vices except such as the Board of Trustees may
certify to the Ijoard of School Commissioners to l)e within the
reasonable physical power of such retired teacher, and provided

120

further, that no such retired teacher shall be required to render
teaching service for a longer period than 15 days in any school
year.

1908, ch. 78.

102M. The Board of Trustees shall establish a permanent
fund to the credit of which shall be put and deposited all gifts,
grants, devises and bequests, all other receipts for the first two
years during which this Act shall have become operative, except
so much of such receipts as the Board of Trustees may require
during said two years to defray its expenses, and the unex-
pended balance remaining at the end of each fiscal year there-
after. And no part thereof shall be expended except the inter-
est and income thereof and therefrom ; provided, however, that
one-half of the amount added to such permanent fund during
any year may be used, if necessary, during the year imme-
diately following.

1908, ch. 78.

102]Sr. This Act shall not affect in anv wav the power of
the Board of School Commissioners to remove teachers from
service under the laws now in force.

1908, ch. 78.

102O. Upon the retirement of any teacher under section
102H, the person so retired shall be entitled to receive a salary
for life out of the Teachers' Retirement Fund equal to one-half
of his or her average annual salary for the five years imme-
diately preceding retirement, but no salary of any teacher .shall
be less than $360, nor greater than $600 per annum, and the
Board of Trustees, subject to such reasonable rules or regula-
tions as the board may adopt, shall pay the salaries to the
persons entitled thereto under this section and sections 102H
and 1021.

1908, ch. 78.

102P. Any teacher who shall cease to be such before receiv-
ing any benefits from said Teachers' Retirement Fund shall be
entitled to the return o:^ one-half of the amount without interest,
which shall have been paid into said Teachers' Retirement
Fund by such teacher; provided, however, should such teacliei
thereafter again teach in the public schools of said city, such
teacher shall repay to said Teachers' Retirement Fund the
amount so returned to such teachers, wathin one year from the

121

date of his or her return to service in the schools, and upon such
repayment being made he or she shall be entitled to credit the
length of time of the former service. And should any teacher
die before receiving any of the benefits by this Act provided, the
Board of Trustees shall pay to such teacher's estate one-half the
amount, without interest, which shall have been paid into said
Teachers' Retirement Fund by said teacher.

1908, ch. 78.

102Q. No salary of any kind whatsoever provided for in
this Act shall be payable or paid during the first two years
during which said Act shall become operative; provided fur-
ther, should any contributors to said Teachers' Retirement
Fund make application for retirement under the provisions of
this Act during said two years, his or her name shall be placed
upon a waiting list, and he or she shall be retired in the order
of his or her application when said two years shall have expired,
but no teacher shall be retired by the Board of School Commis-
sioners under this Act until after the expiration of said two
years.

1908, ch. 78.

102R. The said Teachers' Retirement Fund and all salaries
granted and payable out of the same shall be and are exempt
from seizure or levy under attachment, execution, supplemental
process and all other process ; and such salaries or any payment
of the same shall not be subject to sale, assignment or transfer
by any beneficiary, and any such sale, assignment or transfer
of the same shall be absolutely void.

1908, ch. 78.

102S. The terms "teachers" and "members of the teaching
force of Baltimore City," as used in this Act, shall mean and
include any superintendent, principal, vice-principal, assistant
superintendent, supervisor, assistant supervisor, person in
charge of any special department of instruction and any teacher
or instructor regularly employed as such by the Board of
School Commissioners of said city.

DEPARTMENT OF CHARITIES AND CORRECTIONS.

103. There shall be a Department of Charities and Correc-
tions of the Mayor and City Council of Baltimore, which shall
consist of the Supervisors of City Charities and the Visitors to
the City Jail. The head of the Department of Charities aiid

122

Corrections shall be a Board of Charities and Corrections
composed of the President and one other of the Supervisors of
City Charities, the President and one other of the Visitors to
the City Jail, and the Mayor ex officio. The Supervisors of
City Charities and the Visitors to the City Jail shall each desig-
nate their representative member. The President of the Super-
visors of City Charities shall be President of the Board of
Charities and Corrections. This Board shall be for consulta-
tion and advice, but it shall have no power to direct or control
the duties or work of any sub-department under this depart-
ment. It shall perform such other duties as may be required
of it by ordinances not inconsistent with this Article.

SUPEKVISORS OF CITY CHARITIES.

104. The Supervisors of City Charities shall be the first sub-
department of Charities and Corrections, and the head of this
sub-department shall be a board composed of nine persons,
appointed by the Mayor as provided in section 25 of this
Article, who shall be removable as therein provided. Their
term of office shall be for six years, three of them to retire at
the end of every two years; except that the Supervisors first
appointed shall determine by lot their terms of office, so as to
provide for the termination of the term of three Supervisors
each at the end of the first two and four years. The said
Supervisors shall have been citizens of Maryland for at least
five years, and residents of the City of Baltimore for at least one
year prior to their nomination. The Mayor, in the appoint-
ment of said Supervisors, shall designate one of their number as
President, and the Supervisors shall elect a Secretary, who shall
be paid a salary of one thousand five hundred dollars per
annum, payable monthly, and shall discharge such duties as the
Supervisors shall prescribe. The said Supervisors shall serve
without pay. They shall be appointed by the Mayor from
among those whom he deems, by reason of their intelligence,
experience and character, to be most capable of caring for the
poor, economically, intelligently and humanely. In the selec-
tion of said Supervisors and in their action, in matters relating
to the duties imposed upon them by law or ordinance, ecclesi-
astical or party ties shall not be regarded, so that the care of the
poor may be entirely out of the field of political or religious
differences and controversies. The duty of said Supervisors
shall be to determine what sick, insane or other destitute persons
are proper charges on the city, and to provide for the proper
care of such persons, in so far as money may be appropriated

123

for that purpose bj the city. The Supervisors shall have the
power to appoint and fix the compensation of such officials and
subordinate employees as they may deem necessary for the
proper conduct of the business entrusted to them, not to exceed
in number of employees or aggregate amount in compensation
the limit fixed by ordinance. The Supervisors shall report
annually to the city upon all departments of their work, includ-
ing the work of those institutions with which the city has con-
tracted for the care of any poor persons, and they shall perform
all the duties heretofore performed by the Trustees of the Poor
unless otherwise provided in this Article.

1914, ch. 343.

104A. The Supervisors of City Charities shall also have
super\'ision over those persons committed to the criminal, penal
and reformatory institutions with which the Mayor and City
Council of Baltimore have contracts, and shall perform such
other duties as may be prescribed by ordinance, not inconsistent
with this Article.

105. All appropriations by the Mayor and City Council of
Baltimore for the treatment, care or support of the indigent
poor in institutions not owned by the city, or for dispensary
treatment shall be by contract, in which the city shall agree to
pay so much per capita for persons placed, treated or prescribed
for in such institutions or dispensaries so contracting with the
city, and in no case shall a gross sum be paid to any such insti-
tution or dispensary. Every such contract shall contain a stipu-
lation that the city shall incur no obligation therefrom for any
amount not provided for or in excess of the appropriation made
for the fiscal year in carrying out such contract. No public
moneys shall be paid to any institution or dispensary for the
treatment, care or support of any person until the said Super-
visors have determined and certified in writing that such person
is a proper subject of municipal aid.

In connection with appropriations by the Mayor and City Council
of Baltimore for treatment, care or support of indigent poor, in institu-
tions not owned by the city, see,

St. Mary's Indus. School v. Brown, 45 Md. 334.

106. ISTo appropriation shall be made or money expended for
the maintenance, outside of the Almshouse or other city home,
of any adult poor person or persons, except the sick, insane or
other special classes requiring special treatment, or homeless
perisons requiring temporary care only; provided, the city has
adequate accommodations at the Almshouse or other city home.

124

All poor persons who, in the judgment of said Supervisors,
require special care or treatment outside of a city institution,
maj be placed by said Supervisors in any institution or institu-
tions with w^hich the city has contracted for such care or treat-
ment, which they, in the exercise of their judgment, after care-
ful inspection and inquiry, shall deem best fitted to give the
necessary care and treatment.

In connection with section 106, see provisions of Act. 1906, chapter
32 which re-enacts Article 4 of the Public General Laws of Maryland.

107. The Mayor and City Council of Baltimore, through
the said Supervisors, shall have care and supervision over such
children as shall be committed to or placed in those institutions
with which the city may have contracted and as shall have been
duly accepted by said Supervisors as proper charges on the city.
Said Supervisors shall have power to remove any child from
any such institution to which he or she has been committed or
placed, and to place said child in any other such institution,
when it is apparent to the Supervisors that from improper
treatment or for other good cause, the welfare of the child
requires such removal. No such child shall be discharged from
the institution to which he or she shall have been committed or
placed (unless by direction of a court of competent jurisdic-
tion), or be transferred to any other institutioji, or to the care
of any individual, without the approval and consent of the said
Supervisors. It shall be the duty of the Supervisors, as far as
is practicable, to place all destitute or neglected children who
are under their care or in their charge, in some institution or
home for children, or, without payment of board in some re-
spectable family in the State of Maryland, and to have the
children visited, and their circumstances carefully examined at
least once in every six months by one of the Supervisors or by a
skilled agent or agents appointed by them for the purpose. On
the preliminary question of the commitment of any destitute or
neglected child, said Supervisors, or their agent, shall be sum-
moned by the committing officer and heard as to whether the
parent or guardian of the child to be committed is entitled to
the aid of the city, and if on return of the summons of the said
Supervisors, or their agent, further time is required by them,
or him, to make inquiry as to the pecuniary ability of said
parent or guardian further time, not exceeding twenty-four
hours, shall be given. The wish and request of the parent or
guardian as to the place of commitment shall be respected,
unless good cause to the contrary be shoMru by the Supervisors.

125

The Supervisors of City Charities shall have power to place
foundlings in any proper institution with which the city has a
contract.

P. L. L., (1860) Art. 4, sec. 42. P. L. L., (1888) Art. 4, sec. 39.

108. The Supervisors may admit into the Almshouse and
receive under their care, in addition to those paupers v/hich the
laws of this State authorize and require, such indigent or dis-
tressed persons as in their opinion the dictates of humanity or
particular circumstances render proper or necessary. In cases
of emergency any Supervisor may direct the admission of any
destitute, indigent or distressed person to the Almshouse.

P. L. L., (1860) Art. 4, sec. 43. P. L. L., (1888) Art. 4, see. 40.

109. The Supervisors shall prescribe, provide for, and direct
all matters relating to the support, treatment and employment
of all paupers, vagrants and other persons in the Almshouse,
or any other place under their care and charge.

P. L. L., (1860) Art. 4, see. 44. P. L. L., (1888) Art. 4, sec. 41.

110. The Supervisors shall procure, or erect and use all
such machinery, materials and implements as they shall think
proper or necessary for any purpose connected with their duties
or the exercise of the powers vested in them.

P. L. L., (I860) Art. 4, sec. 57. P. L. L., (1888) Art. 4, sec. 53.

111. The Supervisors shall meet at the Almshouse five times
in the year, to wit : in the first week of February, April, June,
October and December, or oftener, if they shall deem it neces-
sary; and shall make by a majority of votes of such as may be
present, all such good and wholesome rules and by-laws as they
may think necessary and convenient for the maintenance and
employment of the inmates of said Almshouse.

P. L. L., (I860) Art. 4, sec. 58. 1862, ch. 279. P. L. L., (1888)

Art, 4, sec. 54.

112. Upon complaint made to the Supervisors by the Super-
intendent of said Almshouse, and due proof thereof, that any
pauper in said Almshouse has behaved in a disorderly manner,
or has neglected to obey and keep any of the rules and by-laws,
the Supervisors may order and direct such moderate and proper
correction for any such oifence as the nature of the case may
require.

126
SUPERINTENDENT OF ALMSHOUSE.

p. L. L., (1860) Art. 4, sees. 49, 51. P. L. L., (1888) Art. 4, sees. 46, 47.

113. The Supei'visors shall meet at the Almshouse on the
first Monday of April, yearly, and appoint a Superintendent of
said Almshouse, who shall receive a salary of one thousand six
hundred dollars per annum, payable monthly. They shall require
such Superintendent to enter into bond with sufficient security,
payable to the Mayor and City Council of Baltimore, in the
penalty of five hundred dollars, for the faithful performance of
the duties of his office.

P. L. L., (I860) Art. 4, see. 52. P. L. L., (1888) Art. 4, sec. 48.

114. In addition to such other duties as the Supervisors
may prescribe, the Superintendent shall keep a regular list of
all poor, beggars, vagrants, vagabonds and offenders who shall
be committed to said Almshouse, and also regulate accounts,
in writing, of all materials and other things which may come
to his hands, and of all expenses and charges attending their
maintenance and support, and of all moneys received by him
for the sale of the produce of their labor, and otherwise, as
Superintendent, and shall lay the same before the Supervisors
annually and whenever required.

PURVEYOR OF PROVISIONS.

p. L. L., (1860) Art. 4, sec. 46. P. L. L., (1888) Art. 4, sec. 43.

115. The Supervisors may appoint a Purveyor of Provi-
sions to said Almshouse, and fix his salary at a sum not to ex-
ceed fifteen hundred dollars per annum. It shall be the duty
of said Purveyor to provide and furnish provisions to said
Almshouse under the directions of said Supervisors, to whom he
shall annually return a statement or account of his receipts and
expenditures, to be examined and passed at their discretion.

P. L. L., (1860) Art. 4, sec. 47. P. L. L., (1888) Art. 4, sec. 44.

116. The Supervisors shall require the said Purveyor to
give bond and security to be approved by them, and in such
penalty as they shall direct, conditioned for the faithful per-
formance of the trusts reposed in him, and upon failure to com-
ply with the conditions thereof, they may direct said bonds to
be put in suit, and any sum of money recovered in such suits
shall be applied to the use of said Almshouse.

117. None of the foregoing provisions in sections 104 to
116 inclusive, shall apply to offenders, juvenile or adult.

127
VISITORS OF THE JAIL.

1826, ch. 224. 1831, ch. 58. 1868, ch. 3. P. L. L., (1888) Art. 4, sec. 535.

1914, ch. 343.

118. The Visitors of the Jail shall be the second sub-de-
partment of Charities and Corrections, and the head of this
sub-department shall be a board consisting of nine persons, ap-
pointed by the Mayor in the manner prescribed in section 25
of this Article, who shall hold their offices as therein provided.
They shall serve without pay. One of their number shall be
designated by the Mayor, who shall be President of said Visi-
tors, and the said Visitors shall elect from their number a Sec-
retary. The Visitors to the Jail shall have charge and con-
trol, supervision and regulation of the Baltimore City Jail and
all reformatory, criminal and penal institutions belonging to
the city. The Visitors to the Jail shall have the power to pass
rules and regulations for their own government and for the gov-
ernment of the Baltimore City Jail and the aforesaid institu-
tions belonging to the city, not inconsistent with this Article,
and shall perform such other duties as may be required of them
by ordinances not inconsistent with this Article.

Field V. Malster, 88 Md. 691. Beasley v. Ridout, 94 Md. 675. (This
case construes Acts of Assembly relating to Visitors of the Jail.)

P. L. L., (1860) Art. 4, sec. 574. P. L. L., (1888) Art. 4, sec. 541.

119. The said Visitors shall meet on the first Tuesday of
every month or at such other times as they may direct ; special
meetings may be called at any time by the President, or any
two members, on giving three days' notice in writing to the
members.

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 575. P. L. L., (188S)

Art. 4, sec. 542.

120. The said Visitors shall have full power and authority,
as often as they may deem it necessary, to visit the jail and
the prisoners confined therein ; to make by-laws for the internal
police and good government thereof, and for the preservation
of the buildings and other property.

1898, ch. 412.

120a. Whenever the Board of Visitors of the Baltimore
City Jail may deem it necessary, they shall have full power to
summon the State Lunacy Commission to examine and pass
upon the mental condition of the convicts, and if the; convict or
convicts so exaniiufd be adjudged insane or luiuitic by said

128

commission, or a majority thereof, and removal be deemed ad-
visible, said commission shall make a complaint to the judge
of the Criminal Court of the City of Baltimore, who shall have
the power to order the removal of such insane or lunatic con-
vict or convicts to the Bay View Asylum for treatment.

P. L. L., (1860) Art. 4, sec. 576. P. L. L., (1888) Art. 4, sec. 543.

121. The said Visitors shall regulate and provide the diet
of the prisoners, procure necessary bedding and clothing for
their use; make such repairs, alterations and improvements
in and about the jail as they may deem necessary, and provide
medicine and attendance for such of the prisoners as are sick.

1884, ch. 368. P. L. L., (1888) Art 4, sec. 544.

122. All persons confined in Baltimore City Jail, under sen-
tence of the Criminal Court of Baltimore, for offences punisha-
ble by confinement therein, or committed by any Judge, Court,
Justice of the Peace, or other lawful authority having jurisdic-
tion to commit such person to said jail, either as a punishment
for the violation of any law or ordinance, or under or by virture
of any law or ordinance, or for failure to pay any fine or costs
imposed upon such person by any such Judge, Court, Justice
of the Peace or other lawful authority, shall be kept by tlie
Visitors to the Jail at hard labor in some useful employment.
The said Visitors to the Jail shall frame such regulations as
shall be necessary to the industry, quiet and discipline of such
persons, and shall have them kept separate from persons in
confinement awaiting trial, or for other causes.

P. L. L., (1860) Art. 4, sec. 578. P. L. L., (1888) Art. 4, sec. 545.

123. The said Visitors shall also reciuire all vagrants con-
fined in said jail to work and labor about the premises.

P. L. L., (I860) Art. 4, sec. 579. P. L. L., (1888) Art. 4, sec. 516.

124. The said Visitors mtiy, with their consent, employ

other persons confined therein in such work and labor in and

about the premises as may be consistent with their safe-keeping,

and shall keep an account of the earnings of such persons, and

shall, upon their discharge, allow them two-thirds of the net

proceeds thereof, to be ascertained by the Visitors.

Section 1 of the Act of 1906, ch. 71, reads as follows :

"Be it enacted by the General Assembly of Maryland that the Visitors

of the Jail in Baltimore City, be and they are hereby unconditionally

authorized and empowered to contract, upon such terms as to price or

otherwise as they may deem expedient or proper, with any person or

129

corporation, in their discretion, for the erection at the Baltimore City
Jail of a workshop for its uses; provided that the cost of erecting said
workshop shall be paid for by the hire to the contractor, as now author-
ized by law, and as fixed in amount or otherwise by the said visitors, in
their discretion, of inmates of said Jail."

P. L. L., (1860) Art. 4, sec. 5S0. P. L. L., (1888) Art. 4, sec. 547.

125. The said Visitors shall keep regular books of accounts,
iu which the whole expenses of the jail, whether for supplies,
salaries of officers, repairs or incidentals, shall be distinctly
stated.

WARDEN OF JAIL.

1826, eh. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 581.
P. L. L., (1888) Art. 4, sec. 548.

126. The said Visitors shall appoint a fit person as Warden
of the Baltimore City Jail. They shall allow the said Warden
and his assistants and other employees and servants such com-
pensation as in their judgment is proper, not to exceed in the
aggregate the amount appropriated by ordinance. The said
Visitors shall at their will and pleasure remove the said War-
den.

P. L. L., (1860) Art. 4, sec. 581. P. L. L., (1888) Art. 4, sec. 548.

127. It shall be the duty of the Warden of the Baltimore
City Jail to take charge of the prison and prisoners therein,
and exercise, during his continuance in office, the same powers,
and be subject to the same forfeitures, and be responsible for
escapes in the same manner, and to the same extent, as sheriffs
of the respective counties, and he shall perform such other
duties as shall be required of him by said Visitors.

1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 583,
P. L. L., (1888) Art. 4, sec. 550.

128. The said Warden, before he enters upon the duties
of his office shall give bond to the State with good security to
be approved by the Visitors, in the penalty of ten thousand dol-
lars, conditioned for the faithful performance of his duty as
Warden, and for the safe-keeping of all such persons as shall be
committed by legal authority to the Baltimore City Jail, which
bond shall be filed with the Comptroller.

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 584. P. L. lu, (18SS)

Art. 4, sec. 551.

129. The said Warden shall also take and subscribe; an (tath
0)

130

that he will duly and faithfully execute the duties aud trusts,
and exercise the powers committed to and vested in him as
Warden of the Baltimore City Jail.

1826, ch. 224. P. L. L., (1860) Art. 4, sec. 585. P. L. L., (1888)

Art. 4, sec. 552.

130. The Visitors shall prescribe the number and duties of
the assistants who may be necessary to be employed by said
Warden, but the Warden shall have the appointment and re-
moval of such assistants, subject to the approval of the Visitors,
and shall fix their compensation, not to exceed in the aggregate
the amount appropriated by ordinance.

1826, ch. 224. P. L. L., (1860) Art. 4, sec. 586. P. L. L., (1888)

Art. 4, sec. 553.

131. All commitments of prisoners to the Baltimore City
Jail shall be directed to the Warden of said jail, whose duty it
shall be to receive the prisoners from the officers having them
in charge.

1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 587.
P. L. L., (1888) Art. 4, sec. 554.

132. The Warden shall conduct all prisoners in his custody
to and from the courts, when the said courts shall direct him
to do so.

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 588. P. L. L., (1888)

Art. 4, sec. 555.

133. The Warden shall account with the Visitors for all
sums of money which he may collect from any source connected
with the institution.

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 591. P. L. L., (1888)

Art. 4, sec. 558.

134. The Visitors shall annually, during the month of Jan-
uary, make out and lay before the Mayor and City Council
of Baltimore a full statement of all the public money received
by them from the City Register or from any other source, and
the manner in which it has been expended.

P. L. L., (1860) Art. 4, sees. 592, 593. P. L. L., (1888) Art. 4, sees. 559, 560.

135. No spirituous or malt liquors shall be disposed of, sold
or given away within said jail, and any employee or servant of
said jail disposing of, selling or giving away, or being con-
cerned with others in the disposal, selling or giving away of

131

anv spirituous or malt liquors as aforesaid to any person com-
ing to said jail on a visit, or to any prisoner confined therein,
or to any other person, except by order of the attending physi-
cian, shall forfeit and pay the sum of one hundred dollars, to be
recovered by indictment, one-half to go to the informer, and
the other half to be applied to the use of the city.

P. L. L., (1860) Art. 4, sees. 595, 596. P. L. L., (1888) Art. 4,

sees. 561. 562.

136. If the Warden or his Assistants, or any employee or
servant of said jail, shall introduce any such spirituous or malt
liquors, or suffer them to be introduced as aforesaid, knowing
it to be contrary to law; or shall permit any person (with the
exception of the attorney of a person confined in said prison)
to enter said jail without license, as herein provided, each and
every one of them so offending shall be suspended from his
office and be incapable of holding any office or charge within
said prison for the space of one year thereafter.

P. L. L., (1860) Art. 4, sec. 594. P. L. L., (1888) Art. 4, sec. 563.

137. 1^0 person, except the attorney of a prisoner, shall be
permitted to visit a prisoner within said jail or lot, unless by
special license from the Warden, or some Judge, or other person
legally authorized to give the same.

P. L. L., (1860) Art. 4, sec. 598. P. L. L., (1888) Art. 4, sees. 564, 565.

138. All persons hereafter sentenced to be imprisoned in
said jail for offences by the Criminal Court of Baltimore shall
be kept on prison fare, and not be allowed any other food or
drink, unless by the written direction of the physician of the
iail.

CONVICTS.

1880, ch. 4. P. L. L., (1888) Art. 4, sec. 568.

139. All persons who shall hereafter be convicted of any
offense punishable by confinement in said Baltimore City Jail,
and confined in said jail under a sentence for a longer period
than two calendar months, shall each have a deduction from
their several terms of sentence of five days for each and every
calendar month during which no charge of misconduct shall
have been sustained against them, and they sliall be discharged
at tlie expiration of their respective terms of senten(!e, less the
time so deducted, and a certificate of the Warden of said Jail
of such deduction shall be entered on the warrant of com-

132

mitment ; provided, that if, during the term of imprisonment,
the prisoner shall commit any act of insubordination or other
violation of discipline, the Visitors to the Jail may, at their
discretion, reduce and annul entirely such deductions.

P. L. L., (1860) Art. 4, sec. 159. P. L. L., (1888) Art. 4,. sec. 569.

140. All persons confined in said jail under the provisions
of the preceding section shall be kept separate from such per-
sons as are in confinement for offenses other than those re-
ferred to in the preceding section, or who may be awaiting trial.

VAGEAl^TS.

1862, ch. 8. P. L. L., (1888) Art. 4. sec. 570.

141. The Warden of the Baltimore City Jail shall prepare
and send to the Judge of the Criminal Court of Baltimore, on
each and every Saturday, a full and complete list of the
names of all persons who are committed to his custody by the
Justices of the Peace of said city, either as vagrants or in
default of security to keep the peace ; and the Judge of the said
Court shall have full power to review the said commitments;
and upon examination of the various cases so reported to him
by the Warden of the Jail as aforesaid, he shall discharge or
recommit the said parties for a term not to exceed six months,
as in his discretion may be most conducive to the preservation of
public peace and order. The Justices of the Peace of the City
of Baltimore are prohibited from charging costs in the cases
above named, unless the parties are recommitted by order of the
Judge of said Court.

1880, ch. 51. P. L. L., (1888) Art. 4, sec. 571.

142. When any person arrested in the City of Baltimore
shall be held in custody until such person can give security to
keep the peace, or shall be committed to jail or the House of
Correction in default of such security, such person shall be
chargeable with and shall pay all costs prescribed by the laws
of this State for such arrest, commitment, or giving security to
keep the peace, and in default of the payment thereof shall
be committed to jail until such costs and the costs of his release
shall be paid, or until thence discharged by due course of law:
and said costs shall be accounted for and paid over by said
respective Justices of the Peace so sitting at the respective sta-
tion houses in the manner in which all costs paid to such Justices
of the Peace so respectively sitting at such station houses in the

133

City of Baltimore, are now or may hereafter be required by law
to be accounted for and paid over.

1886, ch. 373. P. L. L., (1888) Art. 4, sec. 572.

143. Whenever any person has been committed to the Bal-
timore City Jail on the charge of drunkenness or disorderly
conduct, and he is deemed by the physician in charge of said
jail a proper subject for the Almshouse, the Visitors to the Jail
shall have power to transfer said person to said Almshouse.

1886, ch. 373. P. L. L., (1888) Art. 4, sec. 573.

144. Whenever any person has been committed to the Bal-
timore City Jail on the charge of drunkenness or disorderly
conduct who is affected with any form of disease that in the
judgment of the physician of said jail would require a longer
time than the term of sentence to cure, or in any .case where the
accommodation, comfort, care and nursing cannot be furnished
by the said jail, or in case of any person who may be insane
at the time of committal, or become insane during the term for
which committed, the said Visitors to the Jail shall have the
power to release and send such person to his or her home, or to
some infirmary, hospital or to the Almshouse^, where provision
has been made by the City of Baltimore for the reception of
such cases.

M. & C. C. of Baltimore v. Keeley Institute, 81 Md. 106.

DEPARTMENT OF REVIEW AND ASSESSMENT.

145. There shall be a Department of Review and Assess-
ment of the Mayor and City Council of Baltimore, composed
of the x^ppeal Tax Court and the Commissioners for Opening-
Streets. The head of this department shall be the Board of
Review and Assessment, to consist of the President of the Ap-
peal Tax Court, the President of the Commissioners for Open-
ing Streets, and the Mayor ex officio. The President of the said
Court shall be the President of the Board of Review and As-
sessment. This Board shall be for consultation and advice, but
it shall have no power to direct or control either sub-department.
It shall perform such duties as may be prescribed by ordinances
not inconsistent with this Article.

APPEAL TAX COURT.

1H74, oh. 483. 1888, ch. 98, sec. 22. P. L. L.. (1888) Art. 4, Sec. 842.

146. The Appeal Tax Court shall be the first sub-depart-

134

ment of Review and Assessment, and its head shall be a bench
composed of three members, appointed by the Mayor in the man-
ner prescribed in section 25 of this Article, and removable as
therein provided. One of their number shall be President, and
shall be so designated when appointed by the Mayor. Their
term of office shall be for three years, one member to retire every
year ; except that the members of the Court first appointed shall
determine by lot their terms of office, so as to provide for the
termination of the term of one member each at the end of the
first and second years. Each member of said Court shall receive
a salary of two thousand dollars per annum, payable monthly.
The said Court shall appoint a Clerk, who shall receive a salary
of one thousand six hundred dollars per annum, payable
monthly, and shall perform such duties as the Court may pre-
scribe. The said Court may also appoint such other employees
as the city by ordinance may direct.

Baltimore City v. Johnson, 96 Md. 742. Joesting v. Baltimore City,
97 Md. 596.

1874, ch. 483. 1888, ch. 98, sec. 22. P. L. L., (1888) Art. 4, see. 842.

147. The said Court shall meet from time to time for the
purpose of hearing appeals and making transfers and correcting
the accounts of assessable property charged to taxpayers, and
the assessment thereof. The said Court may also appoint such
number of assessors as they may deem necessary in investigating
and ascertaining all omitted and taxable property, and assessing
and returning the same to the said Court, not to exceed such
number as by ordinance may be authorized.

Robinson v. Baltimore, 93 Md. 208.
The Appeal Tax Court cannot be required to sit as a Court of review.

Consol. Gas Co. v. Baltimore, 101 Md. 541.
Many of the provisions of this Article relating to assessments have
been embodied from Art. 50, City Code (1893).

1841, ch. 23, sec. 43. 1841, ch. 116. 1847, ch. 266, sec. 16. P. G. L.,

(1860) Art. 81, sec. 7. 1874, ch. 483, sec. 5. P. G. L., (1888)

Art. 81, sec. 6. 1894, ch. 165. P. G. L., (1904)

Art. 81, sec. 7.

148. Every assessor provided for in this sub-division of this
Article shall annually inform himself, by all lawful means,
of all property, real and personal, and stocks or investments
in the city, liable to taxation or assessment, and which may
have been omitted in the assessment, and all buildings and im-
provements, and all property created or acquired since the last
assessment, and shall value the same at the full cash value there-
of, and shall make return thereof to said Court, and for the pur-

135

poses of this section the said assessors are hereby clothed with
the powers of general assessors, and their valuation shall be
subject to revision and correction by said Court.

O'Neal V. Va. & Md. Bridge Co., IS Md. 24. Co. Commr's v. Union
Mining Co., 61 Md. 547. Hopkins v. Baker, 78 Md. 363. Hopkins v.
Van Wyck. SO Md. 7. Skinner Dry Dock Co. v. Balto. City, 96 Md. 40.
Consol. Gas Co. v. Baltimore City, 101 Md. 541.

The life tenant is responsible for taxes, Stansbury v. Nicholl, Daily
Record, Aug. 2, 1901.

1841, ch. 266, sec. 16. P. G. L., (1860) Art. 81, sec. 8. 1874, ch. 483,

sec. 6. P. G. L., (1888) Art. 81, sec. 7.

P. G. L., (1904) Art. 81, sec. 8.

149. The assessors shall be allowed such compensation for
the performance of their duties as the citv may by ordinance
direct.

1880, cli. 230. P. L. L., (1888) Art. 4, sec. 843.

150. Before increasing the assessment of any property which
has been theretofore asssessed, or adding any new property not
valued and returned to them by the proper assessor, it shall be
the duty of the said Court, as the case may be, to notify the
owner of such property by written or printed summons, con-
taining such interrogatories in regard to the property as they
may require to be answered on oath, and appointing a certain
day for such owner to answer such interrogatories, either orally
or in writing, and to make such statement, or present such proof
as he may desire in the premises; and such notice shall be
served on such owner or left at his place of abode at least five
days before the day of hearing appointed in such summons.
Such owner may answer the interrogatories contained in such
summons, and may appear on such return day and answer the
same under oath, orally, before said Court, and may present
such testimony as he may desire and said Court may think
necessary and proper to be heard. In case such owner, after
being summoned, shall fail to answer in writing on oath, or to
appear and answer orally such interrogatories, such Court, after
such return day has passed, may proceed to re-value and re-
assess said property, or add such new property, according to its
best judgment and information in the premises; but no such
re-valuation and re-assessment shall be made by such Court
without giving such notice ; provided, that nothing in this section
shall be construed to apcly to the valuation and assessment of
now improvements or new property discovered and assessed
and returned to the said Court by the proper assessor whose duty
it is to assess and return the same.

136

Co. Comm'rs v. Union Mining Co., 61 Md. 546. Allegliany Co. v. N.
Y. Mining Co., 76 Md. 556. Baltimore Co. v. Winand, 77 Md. 524.
Hopkins v. Van Wyck, SO Md. 15, 17. Myers v. Baltimore Co., 83 Md.
393. Balto. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 113. Gittings
V. Mayor, 95 Md, 419. Skinner Dry Dock Co. v. Baltimore, 96 Md. 40.
Baltimore City v. Poole, 97 Md. 70.

1844, ch. 234, sec. 2. P. G. L., (1860) Art. 81, sec. 98. 1874, ch. 483.

P. G. L., (1888) Art. 81, sec. 89. P. L. L., (1888) Art. 4, sec.

486. P. G. L., (1904) Art. 81, sec. 104. 1908, ch. 164.

151. The Citj Register shall, on the first dav of each and
every month in which the interest on city stock is payable, make
out and deliver to the said court a full and accurate list of the
holders of all public stock, the interest on which is payable in
said respective month.

Sec. 160 of Art. 81, Public General Laws, Code 1904, as re-enacted
by Act 1906, ch. 467, reads as follows :

160. Any corporation having a capital stock divided into shares and
owning as an investment of part of its capital any of the stock debt of
this State upon which the State Tax has been deducted by the Treasurer,
or of the stock debt of the City of Baltimore on which the State Taxes
have been paid or are payable by said City, or shares in any bank or
other corporation of this State upon which the State and County or City
taxes are levied and paid, or are payable by such bank or other corpora-
tion, may report the same in detail under the oath of the President,
Cashier, Treasurer or other proper officer to the State Tax Commissioner,
and the amount of such stock debt or debts, or the assessed value of
such capital stock so owned, and upon which such taxes are paid or
payable as aforesaid, shall be allowed as a credit in the settlement of
the taxes on the shares of capital stock of such corporation so owning
the same ; and any corporation not having capital stock divided into
shares, and owning as an investment of part of its assets any of the
stock debt of this State upon which the State tax has been deducted
by the Treasurer, or of the stock debt of the City of Baltimore on which
the State taxes have been paid or are payable by said City, or shares
of the capital stock of any bank or other corporation of this State, upon
which the State and County or City taxes are levied and paid, or are
payable by such bank or other corporation, may report the same in
detail, under the oath of its President. Cashier, Treasurer or other
proper officer to the State Tax Commissioner, and the amount of such
stock debt or debts, or the assessed value of such shares of capital stock
so owned, and upon which such taxes have been paid or are payable as
aforesaid, shall be allowed as a credit in the settlement of the taxes on
the assets of such corporation so owning the same ; but no credit shall
be allowed to any sueh corporations by reason of any investments on
which the taxes are not paid or payable as aforesaid, nor by reason of
the ownership by said corporation or corporations of the stock debt of
the City of Baltimore that shall be hereafter issued under the loans
authorized by Chapters 274. 338 and 349 of the Acts of the General
Assembly of Maryland for 1904, known as the Annex. Park Extensions
and Sewer Loans, respectively, or under any other loans that may be

137

hereafter authorized by the General Assembly of Maryland, provided,
however, that a credit shall be allowed to any such corporation by reason
of its ownership of Baltimore City Burnt District Loan Stock, issued
under Chapter 468 of the Acts of 1904, the Water Loan issued under
Chapter 333 of the Acts 1902, and the Conduit Loan issued under Chap-
ter 246 of the Acts of 1902, whether heretofore or hereafter issued ; nor
shall such credits be allowed in any case where the officer making such
return for such corporation shall fail to state in such return that said
investments are owned by the corporation of which he is such officer,
and are not held by such corporation as security for any loan, or as a
collateral security for any payment, or other purpose.

1844, ch. 234, sec. 3. P. G. L., (1860) Art. 81, see. 99. 1874, ch. 483.

P. G. L., (1888) Art. 81, sec. 90. P. L. L., (1888) Art. 4,

sec. 847. P. G. L., (1904) Art. 81. sec. 105.

152. The said Court shall in each year carefully examine
the said lists and correct the same by striking therefrom all
the holders of said stock who may be exempt from taxation on
said stock, and shall, on or before the first day of September,
annually deliver one copy of the said list, as corrected by them,
to the City Register, and one copy thereof to the State Comp-
troller, setting forth distinctly in said copies the assessed value
of the stock mentioned therein.

1844, ch. 234, sec. 4. P. G. L., (1860) Art. 81, sec. 100. 1874, ch. 483,

sec. 92. P. G. L., (1888) Art. 81, sec. 91. P. L. L., (1888)

Art. 4, sec. 848. P. G. L., (1904) Art. 81, sec.

106. 1908, ch. 164.

153. The City Register shall retain from the interest paid

oil the several city loans to the holders thereof, included in tbe

said corrected list returned to him by the said Court, the State

tax imposed for the current year on such loans by the Code of

Public General Laws. He shall make such deductions from the

installments of interest payable from time to time on said city

stock, and he shall, as soon as practicable after the first day of

September in each year, pay over such State taxes to the State

Comptroller.

The provisions of this section arc rendered obsolete by Act of 1914,
Chapter 43.

1844, ch. 234, sec. 5. P. G. L., (1860) Art. 81, sec. 101. 1874, ch. 483,

sec. 93. P. G. L., (18&8) Art. 81, sec. 92. P. L. L.. (1888)

Art. 4, sec. 849. I'. G. L., (1904) Art. 81, sec.

107. 1908, ch. 164.

154. If the City Register-, shall, at any time, fail to make
out and deliver to the said Court the list of holders of said stock
loans, as herein required, it shall be the duty of the said Court

138

to ascertain in such manner as they may deem most accurate,
the amount of said stock loans of the City of Baltimore out-
standing on the first day of each and every month in which
the interest on said city stock is payable in the year in which
such failure, or refusal, shall take place, and on or before the
first day of September in said year, make and deliver one copy
of a statement certified by them, showing the amount of said
stock so ascertained by them, and its assessed value to the City
Register, and one copy thereof to the State Comptroller; and
the City Register shall thereupon pay the tax aforesaid, which
he is in section 153 of this Article directed to deduct from the
interest payable on said loans, but the City Register shall not
be required to set apart and pay over the said tax on any part
of said stock loans which he may satisfy the State Comptroller
by a certificate to that effect, signed by the said Court, or by
other satisfactory evidence was held on the first day of the
month in which the interest on said city stock was payable in the
year for which the tax may become due by any person entitled
under the laws of this State to hold the same free from taxation.
Under Sections 151 to 154, city liable for State tax on its stock.
Baltimore v. State, 105 Md. 2.
(City stock exempted by Act of 1914, Chapter 43).

1844, ch. 234, sec. 6. P. G. L., (1860) Art. 81, sec. 102. 1874, ch. 483,

sec. 94. P. G. L., (1888) Art 81, sec. 93. P. L. L., (1888)

Art. 4, sec. 850. 1892, ch. 567. P. G. L., 1904,

Art. 81, sec. 108.

155. Each member of the said Court shall receive fifty dol-
lars, annually, for the services required in the three preceding
sections ; and the City Register, the sum of three hundred dol-
lars for the services therein required of him; the said sums
to be paid by the Treasurer on the warrant of the State Comp-
troller in pursuance of Article 81, section 108, of the Code
of Public General Laws.

1906, ch. 84. P. G. L., ,(1904) Art. 81, sec. 138.

155a. The president or other proper officer of the banks,
State and National, and other incorporated institutions in the
several counties, the City of Baltimore and other incorporated
towns of Maryland, shall annually on or before the first day
of March, furnish to the County Commissioners of each County
or the Appeal Tax Court of Baltimore City and the City Clerk
of each city, town or village incorporated in the State of IMary-
land, in which any of its stockholders may reside, a list of the
said stockholders, so far as their place of residence may be

139

known to such officer, together with the number of shares of
stock held by each. Said list shall show the stockholders of
such banks and other incorporated institutions as they stand
on the hrst day of January preceding, together with their resi-
dences and the number of shares held by each on said date, and
the taxable value of such respective shares of stock, ascertained
as hereinafter provided, shall for county and municipal pur-
poses be valued to the owners thereof in the manner hereinafter
as of the preceding first day of January of each year, and taxes
thereon shall be collected for such banks and other incorporated
institutions in the manner hereinafter provided as of said first
day of January. In case the president or other proper officer of
said bank or other corporation fail or refuse to furnish a state-
ment as herein required to the County Commissioners or Appeal
Tax Court or City Clerk aforesaid, on or before the day herein-
before specified for that purpose, then for each day that. shall
thereafter elapse until the said statement shall be furnished,
the said bank or other corporation shall pay to the County Com-
missioners, or Mayor and City Council of Baltimore, or other
municipal corporation, as the case may be, the sum of one hun-
dred dollars, and for the valuation and effectual collection of
taxes assessed on the stock of banks or other incorporated insti-
tutions, held by non-residents, the president or other proper
officer of the corporation shall annually on or before the first day '
of March make out and deliver to the County Commissioners
of the County or the Appeal Tax Court or City Clerk of the
municipal corporation where said corporation is situate, an
account of the number of shares of stock in such corporation
held by persons not residents of this State as of the first day
of January preceding, and the same shall be valued at its actual
cash value, to and in the name of such stockholders respectively
as of said first day of January preceding ; but the tax assessed on
such stock shall be levied and collected from said corporation,
and may be charged to the account of such non-resident stock-
holders in the said corporation, and shall be a lien on the stocks
therein held by such stockholders, respectively, until paid, and
in no case shall the stock of any corporation, in the aggregate,
be valued at less than the full value of the real estate aud chat-
tels, real or personal, held by or belonging to such corporation
in the several counties and City of Baltimore, whether the
shares of said stock are quoted on the market or not; in case
of faihu'e or refusal to comply with this requii-cnient, the said
bank or other incorporated institution slnill be liable to the
peiudty hereinbefore prescribed, and the president and cashier
or treasurer of any such bank or other incorporated institution

140

failing to comply in every respect with the provisions of this
section shall be liable to indictment therefor, and on conviction
shall be fined not less than five hundred dollars nor more than
five thousand dollars, in the discretion of the Court, and shall
stand committed until such fine is paid.

1843, ch. 208, sec. 17. 1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81,

sec. 18. 1874, ch. 483, sec. 16. P. G. L., (1888) Art. 81,

sec. 17. P. G. L., (1904) Art. 81, sec. 15.

156. Whenever any person shall make application for an
allowance or deduction on account of the sale, transfer, aliena-
tion, loss or removal of any property, or the collection or pay-
ment of any public or private security for money, the said
Court shall interrogate him on oath in reference thereto,
and the disposal of the same, and especially inquire of him to
whom the same has been sold or transferred, and the amount of
the purchase money or the money collected, and how the same
has been invested.

Skinner & Sons Co. v. Baltimore City, 96 Md. 32.

1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81, sec. 19. 1874, ch. 483,

sec. 17. P. G. L., (1888) Art. 81, sec. 18.

P. G. L., (1904) Art. 81. sec. 16.

157. The said Court shall also interrogate the said person
on oath in reference to any acquisitions or investments made
by him, and not already assessed, and the amount of all such
acquisitions and investments shall be added to his assessable
property, and if he refuses to answer, no allowance or deduction
shall be made; they shall also have power to summon before
them any person whom they may know or be credibly informed
has acquired new property, or whose account of taxable property
may, in their judgment, require revision and correction, and
examine such person on oath touching the same ; and any person
so summoned, and refusing to appear, and any person refusing
to be sworn, or to answer touching said amount or touching his
or her property, shall be liable to prosecution therefor, and,
upon conviction, shall be fined not exceeding fifty dollars for
each offence, to be collected as other fines are collected.

Co. Comm'rs v. Winand, 77 Md. 524. Hopkins v. Van Wyck, 80 Md.
15, 17. Skinner & Sons Co. v. Baltimore, 96 Md. .32.

Appeal Tax Court has power to change classification in annex, when
physicial condition justifies change.

Sams V. Fisher, 106 Md. 155, 162.

But Equity can set aside classification if physical facts do not justify.

City V. Gail. 106 Md. 684. Baltimore v. Schaefer. 107 Md. 40. Coulston
V. City, 109 Md. 271.

141

1841, ch. 23. sec. 41. P. G. L., (1860) Art. 81, sec. 20. 1874, ch. 483,

sec. 18. P. G. L., (1888) Art. 81, sec. 19.

P. G. L., (1904) Art. 81, sec. 19.

158. Any person who shall remove to the City of Baltimore

from any County or City in which his property has been as-
sessed, and whose personal property has not been assessed in the
City of Baltimore, or any person whose property or some part
thereof, has not been assessed, shall, when required by said
Court, give to said Court a full and particular account of his
personal property in the County or City from which h,e has
removed and of all the personal property in his possession or
under his care and management, liable to be assessed, and
which before that time shall not have been assessed in the City
of Baltimore, and the name of the person to whom it belongs.
Hopkins v. Van Wyck, 80 Md. 15, 17.

1841, ch. 23. sees. 14, 41, 42. P. G. L., (1860) Art. 81, sec. 21. 1874, ch.

483, sec. 19. P. G. L., (1888) Art. 81, sec. 20.

P. G. L.. (1904) Art. 81, sec. 20.

159. If any person shall, when required by said Court, after
ten days' notice, neglect to render the account required in the
last preceding section, he shall be fined a sum not exceeding fifty
dollars, to be collected as other fines are collected ; and the
said Court shall, on its own knowledge and on the best informa-
tion they can obtain value the property of such person to the ut-
most sum they believe the same to be worth in cash, and on
the return of said valuation they shall certify the said refusal
or neglect, and the said Court shall assess such person according
to the sum so returned, and the same shall be collected as the
assessment.

1843. ch. 208, sec 18. P. G. L., (1860) Art. 81, sec. 22. 1874, ch. 483,

sec. 20. P. G. L., (1888) Art. 81, sec. 21. P. G. L.,

(1904) Art. 81, sec. 21.

160. Whenever any person shajl apply to the said Court
for allowance or reduction on account of the removal of property
from the City of Baltimore to a County or City, the said Court
shall ascertain of the party applying to what place within tlie
State the property has been removed, and sliall inform the
proper authorities of the place to which the property is removed
of the fact of such removal.

1841, ch. 23, sec. 27. P. G. L., (1800) Art. 81, sec. 24. 1S74,

ch. 483, sec. 22. P. G. L., (1888) Art 81, sec. 23.

P. G. L.. (1904) Art. 81. sec. 23.

161. The said Court shall direct their clerk to enter and

142

record in a book or books, to be provided for the purpose, an

accurate and fair account of all property of every sort V7itliin

the City of Baltimore, subject to taxation, and the valuation

and assessment thereof, and an alphabetical list of the owners

thereof, properly arranged, according to the several wards of

the City of Baltimore and a correct description and location

of the said property so valued and assessed. Any owner of

property shall at all times be permitted to inspect the record

of his own property contained in said book.

O'Neal V. Virginia & Md. Bridge Co., 18 Md. 24. Tasker v. Garrett
Co., 82 Md. 154.

1844, ch. 236, sec. 19. P. G. L., (1860) Art. 81, sec. 25. 1874,

ch. 483, sec. 23. P. G. L., (1888) Art. 81, sec. 24.

P. G. L., (1904) Art. 81, sec. 24.

162. The Clerk of said Court shall transmit to the State
Comptroller annually, within thirty days after the annual levy
of taxes for the State, a return of the assessments of property
in the City of Baltimore, showing the amount thereof; and
for neglecting or refusing to perform this duty the clerk so neg-
lecting or refusing shall be subject to presentment, and upon
conviction thereof in the Criminal Court of Baltimore City, to
a penalty of one hundred dollars, for the use of the State.

1844, ch. 236, sec. 20. P. G. L., (1860) Art. 81, sec. 26. 1874

ch. 483, sec. 24. P. G. L., (1888) Art. 81, sec. 25.

P. G. L., (1904) Art. 81, sec. 25.

163. The State's Attorney of the City of Baltimore shall
give information of such neglect or refusal to discharge the
duties prescribed in the preceding section to the Grand Jury
of the city, upon being advised thereof by the State Comp-
troller.

164. Kepealed by Act 1900, ch. 4.

1900. ch. 347. 1914, ch. 532.

164A. The Appeal Tax Court of Baltimore City shall have
the power at any time to value and assess all personal property
and to revise such valuations and assessments, and to value and
assess and to revise all valuations and assessments of real prop-
erty in said city, and to lower or increase said assessment of real
or personal property, and to take steps for the discovery and
assessment of all unassessed property of every kind. And it
shall be the duty of said Court, at least once in every five years,
to carefully make such general revision of all of the assessable

143

property in said city. Wlienever said Court shall propose to
alter or change any assessment, or make any new assessment,
they shall, before such assessment is made, give at least ten
days' notice thereof, in writing, served upon the owner of the
property to be assessed or re-assessed, or upon the person in pos-
session of the property to be assessed, or in whose custody the
same may be, or, if it be land and one be in apparent occu-
pancy thereof, then by a notice posted on said land. Said notice
shall contain such interrogatories as may be reasonably neces-
sary to enable said Court to correctly assess the property. Said
interrogatories shall be answered, signed and sworn to by the
owner of the property, or by the authorized agent of such owner,
having knowledge of the facts inquired for in said interroga-
tories. Such affidavit may be made before any Judge of the
Appeal Tax Court, or any assessor thereof, who is hereby auth-
orized to take the same, and who shall take the same without
charge; or such affidavit may be made before any officer auth-
orized by law to take affidavits. If any person upon wdiom such
interrogatories are served shall neglect or refuse to answer, sign
and make oath to the same, personally or by authorized agent as
aforesaid, within ten days after service of the same, the Appeal
Tax Court shall proceed to assess the property therein referred
to, according to law, upon their best information and judgment
in the premises, and shall add thereto an additional assessment
of 20% of the amount of such assessment so ascertained, as a
penalty for such failure or refusal to answer said interrogatories.
Said additional assessment may be abated, in whole or in part,
by the Appeal Tax Court, at any time before October first iu
any year, to take effect for the ensuing year, upon the filing of
said interrogatories answered, signed and sworn to as above
provided, and the Court shall thereupon fix the assessment at
such figure as will represent the proper valuation of such prop-
erty. Nothing herein, or done in pursuance hereof, shall be
construed to relieve any escaped or omitted property from being-
assessed when discovered, as may be provided by law. The said
Court, in order to make any valuation, assessment, revaluation or
reassessment, shall have power to summon before it any person,
and to interrogate him or her in reference to the existence, situ-
ation, ownership or value of any property liable to assessment
by said Court, or in reference to the taxable residence of any
person, and any person so summoned and refusing to appear,
and any person refusing to be sworn, or to answer touching
said value, revaluation or assessment, or toucliing his or hrr
property, or tou(;hing any other fact relevant to any inquiry

144

before said Court, shall be liable to prosecution therefor, and,
upon conviction, shall be fined not exceeding one hundred dol-
lars, to be collected as other fines are collected.

As to construction of provisions of Sec. 164A, see, Gittings v. Balti-
more City, 95 Md. 425, 427. Baltimore City v. Johnson, 96 Md. 737.
Baltimore City v. Poole, 97 Md. 69. Joesting v. Baltimore City, 97 Md.
596.

As to rule laid down in construing similar provisions, see: Hopkins v.
Baker, 78 Md. 363. Hopkins v. Van Wyck, 80 Md. 7. Clark Distilling
Co. V. Cumberland, 95 Md. 468.

1900, ch. 347.

164B. If any clerk, assessor or employee appointed by the
Appeal Tax Court shall neglect to perform the duties required
of him by law or by said Court, he shall be liable to be dis-
charged by said Court in its discretion ; and if any such clei;k,
assessor or employee shall receive any consideration or payment
designed or intended to influence his conduct or act in the per-
formance or omission of his duties as prescribed by law or by
said Court as such clerk, assessor or employee, or shall corruptly
do or permit to be done or omit to do any act in discharge of
his said duties he shall be liable to immediate dismissal by said
Appeal Tax Court, and shall be also liable to indictment there-
for, and upon conviction shall be fined not exceeding five hun-
dred dollars for each offense and also to imprisonment in jail
or penitentiary for not more than one year, in the discretion
of the Court.

P. G. L.. (1904) Art. 81. sec. 9.

165. The Clerks of the several courts in the City of Balti-
more shall annually, on or before the first day of October,
transmit to the said Court a list of all the alienations of prop-
erty, chancery sales made by trustees and finally ratified, and
of all judgments and decrees recorded in their respective offices
or rendered in their respective courts since they last furnished
a list of the same, which list shall show the property alienated,
and the amount due on the judgments or decrees, so as to enable
the said Court to assess the parties to whom the property is
conveyed or the money due.

Richardson v. Simpson, 82 Md. 162.

For decisions relating to taxes on property in custodia legis, and in
cases of sales of property under decrees, see, Fulton v. Nicholson, 7
Md. 107. Mayor, etc. v. Sterling, 29 Md. 48. Tuck v. Calvert, 33 Md.
224. Gould V. Baltimore, 58 Md. 52. Hebb v. Moore, 66 Md. 170. Degner
V. Baltimore, 74 Md. 144. Casualty Insurance Go's, case, 82 Md. 565.
Cherbonnier v. Bussey, 92 Md. 420 et seq.

145

1S41, ch. 23, sec. 38. P. G. L., (1860) Art. 81, sec. 13. 1874, ch. 483,

sec. 11. P. G. L., (1888) Art. 81, sec. 12. P. G. L.,

(1904) Art. 81, sec. 13.

166. Xo person shall be chargeable with the assessment of
property which he may have alienated, but the same shall be
chargeable to the alienee ; and the said Court shall, from time
to time, correct the account of any person who may have parted
with the possession of any property, and the same so taken off
shall be charged to the person who may have acquired posses-
sion of the property, unless the same shall have been removed
from the city.

Co. Commrs. v. Clagett, 31 Md. 210. Parlett v. Dugau, 85 Md. 413.

1841, ch. 23, sec. 37. P. G. L., (1860) Art. 81, sec. 14. 1874, ch. 483,

sec. 12. P. G. L., (18SS) Art. 81, sec. 13. P. G. L.,

(1904) Art. 81. sec, 14. 1914, ch. 532.

167. The said Court is directed to alter and correct the
account of any person who may have disposed of or acquired
any property since the last assessment, or whose property, or
any part thereof, may have been omitted, if the report of such
disposition, acquisition or omission be supplied by satisfactory
evidence; and if real estate or other property shall, from any
cause, have increased or decreased in value since the last as-
sessment, the said Court shall correct and alter the assessment
of the same, so as to conform to its present value, provided that
any party desiring to apply to the Appeal Tax Court for a re-
valuation of any real or personal property, shall make such
application before the first day of September, in order to be
acted on so as to take effect for the ensuing year. The Appeal
Tax Court shall not receive or act upon any such application
made after the first day of September in any year, so as to
affect the assessment for the ensuing year.

Alleghany Co. v. N. Y. Mining Co., 76 Md. 549. Hopkins v. Van Wyck,
80 Md. 7. B. C. & A. Ry. Co. v. Wicomico Co., 93 Md. 113.

1847, ch. 266, sec. 13. P. G. L., (1860) Art. 81, sec. 10. 1874, ch. 483,

sec. 8. P. G. L., (1888) Art. 81, sec. 9. P. G. L.,

(1904) Art. 81, sec. 10.

168. The Register of Wills of Baltimore City shall iiiiimally,
on or before the first day of October, return to the said Court
a summary account of all property that shall appear by the
records of the Orphans' Court of Baltimore City to be in the
hands of each executor, administrator, or guardian as such;
and all such property, if not before assessed, shall then be as-
sessed, and every executor, administrator or guardian shall be

146

liable to pay the taxes levied thereon, and shall be allowed there-
for by the Orphans' Court in his accounts, and the said Regis-
ter of Wills, for the duties imposed by this section, shall be
allowed such compensation as the said Anpeal Tax Court may
deem proper. Should the clerk or Register fail to perform the
duties imposed by this section, he shall be guilty of a misde-
meanor, and shall be liable to indictment, and on conviction
shall be fined not exceeding one hundred dollars.

Bonaparte v. State, 63 Md. 473. Hopkins v. Van Wyck, 80 Md. 14.
Baldwin v. Washington Co., 85 Md. 156. Baldwin v. State use of Hull,

89 Md. 590. Nicodemus v. Hall, 93 Md. 367.

Liability of executors does not extend to payment of taxes becoming
due after the settlement and distribution of the estate, although the
annual valuation and assessment upon such property, as well as the
levy thereon, may have been made prior to such settlement and distri-
bution of the estate.

Bamberger v. Baltimore, 125 Md. *

1847, ch. 266, sec. 14. P. G. L., (1860) Art. 81, sec. 11. 1874, ch. 483,

sec. 9. P. G. L., (1888) Art. 81, sec. 10. P. G. L.,

(1904) Art. 81, sec. 11.

169. In all cases where discoveries of assessable property
are made by the said Appeal Tax Court, either from the re-
turns of clerks, registers or assessors, or in any other way, the
said Court shall assess the same, and add the same to the amount
on which taxes are to be levied.

Hopkins v. Van Wyck, 80 Md. 14. Tasker v. Garrett Co., 82 Md. 153.
Baldwin v. Wash. Co., 85 Md. 156. Monticello, etc., v. Baltimore City,

90 Md. 429. B., C. & A. R. R. v. Wicomico Co., 93 Md. 123.

1896, ch. 322. P. G. L., (1888) Art. 81, sec. 18a. P. G. L., (1904)

Art. 81, sec. 17. 1908, ch. 167.

170. Any person or persons, or corporation, assessed for
real or personal property in the City of Baltimore and claiming
to be aggrieved because of any assessment, or classification made
by the said Court, or because of its failure to reduce or abate,
modify, change or alter any existing assessnient or classifica-
tion may, by petition, appeal to the Baltimore City Court to
review the assessment or classification. The ]\Iayor and City
Council of Baltimore may also appeal from any decision of said
Court to the Baltimore City Court if it deem the public interests
require that the decision of said Court should be reviewed. The
petition in such appeal, other than the petition of the city,
shall set forth that the assessment or classification is illegal,
specifying the grounds of the alleged illegality, or is erroneous
by reason of overvaluation, or other error; or that the assess-

147

ment is unequal in that the said assessment has been made by
a higher proportion of valuation than other real or personal
property on the same tax roll, by the same officers ; and that
the petitioner is, or will be injured by such alleged illegality,
inequality or erroneous assessment or classification. The peti-
tion of the Mayor and City Council of Baltimore shall set forth
wherein the decision of said Court is erroneous and such other
facts as may be necessary to inform the Baltimore City Court
of the claim of the city. A summons shall issue for the re-
spondent or respondents named in the petition of the city
returnable on such a day as the Baltimore City Court may
appoint for a hearing of the matter averred in such petition.
All such appeals shall be taken within thirty days after an
assessment, or classification, has been made as aforesaid, or
within thirty days after the refusal to reduce or abate, modify,
alter or change an existing assessment, or classification, or
within thirty days after the action of said Court complained of
by the city. On such appeals the Baltimore City Court shall
appoint a day for hearing said appeals, which shall not be less
than five nor more than thirty days after the expiration of the
thirty days' limit for taking appeals as aforesaid ; and shall
direct the clerk of the said Baltimore City Court to issue a
subpoena duces tecum to the judges of said Appeal Tax Court,
requiring them to produce and deliver to said Baltimore City
Court the record of the proceedings of the said Appeal Tax
Court, and all maps, plats, documents and other papers con-
nected with the said record ; the said Baltimore City Court
shall have full power to hear and fully examine the subject
and decide on said appeals, and for that purpose it is hereby
authorized and empowered to adjourn from time to time, and
may cause all or any of such appeals to be consolidated, or may
hear and decide them separately, and may require the said
judges of the Appeal Tax Court, their clerks, surveyors or other
agents and servants, or any of them, and all such other persons
as the Baltimore City Court may deem necessary to attend,
and examine tliem on oath or affirmation; and may permit and
require all such explanation, amendments and additions to be
made to and of the proceedings as the Court shall deem requi-
site. The person or the city appealing to the said Baltimore
City Court shall have a trial before the Court without the
intervention of a jury, and the Court, sitting without a jury,
shall hoar the case do novo, and shall iisccrtain and dccich^ on
the j)ropor assessment, or classification, of the property for the
year involved in the appeal ; and neither the action, nor the

148

record of the proceedings, of the judges of the Appeal Tax
Court in the premises shall be held to be, or declared void for
any reason whatsoever; provided due notice of the proceedings
shall have been given to the parties entitled by said judges of
the said Appeal Tax Court ; and the said Baltimore City Court
shall assess anew, or classify anew, as the case may be, the
property forming the subject of the appeal ; provided, however,
that in the absence of any affirmative evidence to the contrary,
the assessment or classification apealed from shall be affirmed.
The said City Court shall cause the proceedings and decisions
on said appeals to be entered in the book containing the record
of proceedings of the said Baltimore City Court, certilied by the
clerk under the seal of the Baltimore City Court, and the
book to be transmitted to the judges of the said Appeal Tax
Court, which shall be final and conclusive in every respect, un-
less an appeal be taken to the Court of Appeals. Such record
book or Copy of the proceedings therein, or any part of such
proceedings, whether in or out of court, certified by the judges
of the said Appeal Tax Court, under seal of said city, shall
be evidence in any court in this State, and the judge of said
Baltimore City Court shall have full power, in his discretion,
to require the cost of any appeal or any part thereof to be
paid by all or any of the appellants or by the city, as the cir-
cumstances of each appeal, in his opinion, shall justify. In no
case shall any such appeal stay or suspend the power or duty
of the city to levy or collect taxes upon the property involved
in said appeal, but such levy and collection shall proceed in all
respects as if no appeal had been taken. If a final judgment
shall not be given in time to enable the assessors, judges of the
Appeal Tax Court, or other officers to make a new or correct
statement of the assessment, or classification, for the use of
the proper authorities in levying taxes, and if it shall appear
from such judgment that said assessment was unequal or said
assessment or classification was illegal or erroneous, then there
shall be audited, allowed and paid to the petitioner by the
Comptroller the amount, with interest thereon from the date of
the pa;)anent, in excess of what the tax should have been, as de-
termined by said judgment, or order of the Baltimore City
Court, and if on appeal by the city, the Baltimore City Court
should decide that the valuation and assessment was lowei-
than it should have been, or that the classification was erroneous
and at a lower rate than it should have been, or that the property
should be assessed or classified, the Baltimore City Court shall
ascertain and fix the valuation and assessment, or classification,

149

of said property, then the Comptroller shall audit and charge
the respondent or respondents with the difference in said valua-
tion, assessment or classification, as fixed by the Baltimore City
Court and that fixed by the iVppeal Tax Court, which amount
of difference shall be a lien on the property involved in the pro-
ceedings. An appeal may be taken to the Court of Appeals by
either the petitioner or petitioners, or the city, within ten days
after the rendition of said judgTaent or order by the Baltimore
City Court, and the record shall be immediately transmitted
to the Court of Appeals, which Court shall immediately hear
and determine the questions involved in said appeal.

Monticello Co. v. Mayor, 90 Md. 416, 432. Fowble v. Kemp, 92 Md.
633. Baltimore City v. Bonaparte, 93 Md. 156. United Rys. & Elec.
Co. V. Baltimore City. 93 Md. 631. Baltimore City v. Austin, 95 Md.
90. Gittings v. Baltimore, 95 Md. 419. Baltimore City v. Poole & Son,
97 Md. 69. Joesting v. Baltimore City, 97 Md. 595. Consol. Gas Co. v.
Balto. City., 101 Md. 541. Wilkens Co. v. M. & C. C, 103 Md. 293.

Ahatement of Taxes. The remedy for refusal to abate an assessment
of taxes is an appeal to the Baltimore City Court under section 170 of
the City Charter and mandamus will not lie to compel abatement by
the Appeal Tax Court. Hoffman v. Sams, Daily Record, January 10,
1905.

Easements of Public Service Corporations in streets assessable for
taxation. ^^^ Company v. City, 105 Md., 43.

Taxation — classification and assessment of property — notice — remedial
statute liberally construed ; "due notice if notice left at house taxed."
Wannenwetsch v. Baltimore, 115 Md. 446.

Upon appeal to Court of Appeals under this section, only questions of
law can be passed on by the Court of Appeals. Hamburger v. City, 106
Md. 481.

But where classification void Equity may enjoin.

City V. Gail, 106 Md. 684. Le.ser v. Wagner, 119 Md. 671. Balto. v.
Schaefer, 107 Md. 40.

On appeal to City Court from assessment made of property for tax-
ation, the pi'osumption is that the a.ssessment is correct, and the duty of
opening the case on appeal rests on the property owner. Evidence
admissible to prove assessment.

M. & C. C. V. Clarence H. Hurlock, Executor, 113 Md. 674.

1900, ch. 399.

170a. If the Mayor and City Council of Baltimore claim
to be aggrieved by any decision of the State Tax Commissioner
upon any valuation and assessment, the said Mayor and City
Council of Baltimore may appeal from said decision to the
Comptroller of the Treasury and State Treasurer. If no
such appeal be taken within thirty days from any decision of
the Tax Commissioner, the said valuation and assessment shall
be final; ])nt if sn<'h appeal sliiill be taken witliin tliirty dnys

150

from any decision, there shall be stated in such appeal the rea-
sons and grounds of such appeal; and said Comptroller and
Treasurer shall consider the same, and if the Comptroller and
Treasurer shall both be of the opinion that such valuation and
assessment so made by the State Tax Commissioner is erroneous,
and ought to be changed, they shall change the same accordingly,
and the valuation and assessment so agreed upon by the Comp-
troller and Treasurer shall be final ; but if either the Comptroller
or Treasurer shall agree with the State Tax Commissioner as
to the correctness of the valuation so made by him, then such
appeal shall be dismissed, and the original valuation shall be
and remain as the true valuation.

Monticello v. Baltimore, 90 Md. 416. Fowble v. Kemp, 92 Md. 633.

1914, ch. 532.

171. In the year eighteen hundred and ninety-eight, and
in all succeeding years thereafter, the valuation of the property
subject to taxation in the City of Baltimore, as it shall appear
upon the assessment books of said Court on the first day of
October in each and every year, shall be final and conclusive,
and constitute the basis upon which taxes for the next ensuing
fiscal year shall be assessed and levied; provided that the
foregoing provision shall not apply to property in the city
liable to taxation, and which may have escaped or which may
have been omitted in the regular course of valuation, but such
property shall be valued and assessed and the owner or owners
thereof charged with current taxes and back taxes, not exceeding
four years, justly due thereon, whenever the same may be dis-
covered and placed upon the assessment books ; and the annual
levy for each and every year shall be deemed and taken to have
covered and embraced all property which was not assessed, but
which ought to have been assessed, for the year for which
any such levy was made. The said Court shall, on the first day
of October, or as soon thereafter as practicable, in the year
nineteen hundred and fourteen, and in all succeeding years
thereafter, make out and deliver to the City Collector a state-
ment showing the valuation and assessment of all the property
subject to taxation in said city, as it shall appear upon the
assessment books of said Court on said first day of October;
such statement shall contain a full list of all the real estate
as the same has been valued and assessed by blocks, correspond-
ing so far as may be practicable with the block numbers used
in the Record Ofiice of the Superior Court of Baltimore City,
with the location and description of such piece or parcel of
ground so assessed and valued, and also shall contain an

151

alphabetical list of all persons to whom personal property has
been assessed. The said statement shall be known as the taxable
basis for the next ensuing tiscal year, and after the levy of taxes
it shall be designated as the tax roll for said year. Further, the
said Appeal Tax Court shall submit to the Board of Estimates
on the first day of October, or as soon thereafter as practicable,
a statement of the total valuation of the respective classes of
property as shown on the annual roll submitted by the Appeal
Tax Court of Baltimore to the City Collector. The said Court
shall perform such other duties as may be prescribed by law or
ordinances not inconsistent with this Article.

Skinner Dry Dock Co. v. Baltimore, 96 Mel. 37-41. Cochran v. Car-
stairs, 95 Md. 509. Baltimore City v. Jenkins, 96 Md. 193.

Sha7-es of Stock in domestic corporations are not "property" under
ttie terms of section 171 of the City Charter, "which when discovered
is to be valued and assessed by the Appeal Tax Court and the owner or
owners thereof charged with back and current taxes." Balto. Chrome
Works V. Mayor & C. C. of Balto., Daily Record, April 19. 1904.

Compare this section with sec. 5, Art. 50, City Code (1893) ; See dicta
in Hopkins v. Van Wyck, SO Md. 15, construing same.

Bamberger v. Baltimore, 125 Md.

COMMISSIONERS FOR OPENING STREETS.

1912, ch. 32.

172. The Commissioners for Opening Streets shall be the
second sub-department of review and assessment, and the head of
this sub-department shall be a board composed of three; persons,
appointed by the Mayor in the manner prescribed in section
25 of this Article, and removable as therein provided. One of
their number shall be president, and shall be so designated
when appointed by the Mayor. Their term of office shall be
for three years, one commissioner to retire every year; except
that the commissioners first appointed shall determine by lot
their terms of ofi^ice, so as to provide for the termination of
the term of one commissioner each at the end of the first and
second years. The said commissioners sliall receive a salary
of one thousand, ciglit Iiiiiidrod dollars each per annum, paya-
ble monthly. The said commissioners shall be charged with
tlif dnty of o|)(']iing, extending, widening, straightening, and
if the ordinance so provides, grading or rlosing any street, lane,
alley or part thereof, situated in lialtiinore City whenever

152

the same shall have been directed by ordinance to be done, and
shall perform such other duties as the Mayor and City Council
of Baltimore, may, by ordinance prescribe. The said Com-
missioners shall appoint a clerk, who shall be paid a salary of
one thousand, five hundred dollars per annum, payable monthly,
and shall perform such duties as the Commissioners may pre-
scribe. The said Commissioners may also appoint such other
employees as the Mayor and City Council of Baltimore by ordi-
nance may direct, and fix their compensation, not to exceed
in the aggregate the amount appropriated by ordinance.
McClellan v. Marine, 98 Md. 53.
Sections 172 to 195, inclusive, under this sub-title, are embodied from
the City Code of 1893, Art. 48, sees. 1 to 27, inclusive, with slight modi-
fications.

173. The Clerk of said Commissioners shall keep a record
of their proceedings in a book provided for the purpose, and in
such form as the City Solicitor may prescribe; and the said
Clerk shall record in said book all orders made by the Com-
missioners in regard to the performance of their duties, and
make true copies of all notices by them directed to be pub-
lished, and of the certificate of the publication thereof, and shall
perform such other clerical duties as the said Commissioners
shall require.

1912, eh. 32.

174. When the said Commissioners shall assess a sum of

money to be paid by any person or persons, for benefits derived

by such person or persons from opening, extending, widening,

straightening, grading, curbing or closing any street, lane or

alley, or part thereof, and shall assess a sum of money to be

paid to the same person or persons for damages sustained by

said opening, extending, widening, straightening or closing, it

shall and may be lawful upon a certificate of title from the

City Solicitor, for the City Register or City Collector to receive

from such person or persons an assignment for the sum or sums

so assessed as damages aforesaid.

As to rule in assessing damages and benefits, see, M. & C. C. of Ballo.
V. Smith, 80 Md. 458.

1912, eh. 32.

175. Whenever the Mayor and City Council shall hereafter
by ordinance direct the Commissioners for Opening Streets
to lay out, open, extend, widen, straighten, grade or close up,
in whole or in part, any street, square, lane, or alley, within

153

the bounds of this city, the said Commissioners, having given
the notice required by law of their first meeting to execute the
same, shall meet at the time and place mentioned in said notice,
and from time to time thereafter, as may be necessary, to ex-
ercise the powers and perform the duties required of them by
said ordinance, and shall ascertain whether any and what
amount of value in damages will be caused to the owner of any
right or interest in any ground or improvements within or
adjacent to the City of Baltimore by such opening, extending,
widening, straightening or closing for which, taking into con-
sideration all advantages and disadvantages, such o\vner ought
to be compensated; and the said Commissioners having ascer-
tained the whole amount of damages for which compensation
ought to be awarded, as aforesaid, and having added thereto an
estimate of the probable amount of expenses which will be in-
curred by them in the performance of the duties required of
them as aforesaid, in which they may include a sum sufficient
in their judgment to cover the expenses and contingencies of
litigation, and administration expenses , shall proceed to assess
all the ground and improvements within and adjacent to the
city, the o^\Tiers of which, as such, the said commissioners shall
decide and deem to be directly benefited by accomplishing the
object authorized in the ordinance aforesaid ; and should the
direct benefits, assessed as aforesaid, not be equal to the damages
and expenses incurred, the balance of said expenses and damages
shall be paid by the City Register, and provided for in the gen-
eral levy, or out of funds derived from loans, if properly appli-
cable thereto.

Alexander v. Mayor, 5 Gill 383. Moale v. Mayor, 5 Md. 314, Hawley
V. Mayor, 33 Md, 270. Page v. Mayor, 34 Md. 558, N, C, Ry. Co. v.
Mayor, 46 Md. 428, Brooks v. Mayor, 48 Md, 265, Central Savings
Bank v, Baltimore, 71 Md. 520-522. Baltimore v. Rice, 73 Md, 307,
Pitts V, Baltimore, 73 Md, 338, Friedenwald v. Baltimore, 74 Md, 116,
Burke v. Baltimore, 77 Md, 469, M. & C, C, of Baltimore v. Smith. SO
Md. 458. Shanfelter v, M, & C. C, of Baltimore, SO Md, 491, Gluck v,
M. & C. C, of Baltimore, 81 Md, 315. Baltimore City v. Fear, 82 Md,
2.')4. Baltimore v. Coates, 85 Md. 531. Gardiner v, Baltimore City, 96
Md, 361, B,.& O, R, R, Co, v, Baltimore City, 98 Md, 535,

Damages from change of grade may be considered when part of lot
is being taken,

Baltimore v, Garrett, 120 Md, 608,

Destruction of access amounts to a taking.

Walters v. B. & O., 120 Md. 644.

But merely making the access inconvenient does not amount to a
taking.

P.. & O. V. Kane, 124 Md. 231. P.. & O. v. Kabl. 124 Md. 200. Balti-
more V. Bregenzer, 125 Md. 7S.

Rule as to damagos and benefits.

154

Baltimore v. Megary, 122 Md. 20. (See Section 175A).

City not liable for consequential damages to property not abutting on
the part of the street closed. Certain rules for determining damages.
Ger. Luth. Church v. Baltimore, 123 Md. 142.

The words "such owner ought to be compensated" construed to mean
"such as he ought to be compensated for under the established rules of
law and practice."

Ger. Luth. Church v. Baltimore, 12.S Md. 149.

When land is condemned for the bed of a public street, the grade
thereof should be first established.

Baltimore v. Johnson, 123 Md. 320.

Benefits cannot lawfully be assessed against abutting property until
the grade of the proposed street has been first established.
Patterson v. Baltimore, 124 Md. 153.

The rule that damages are not ordinarily recoverable for injury to
adjacent lands caused by a lawfiil change in the grade of a public
highway is confined to cases in which no part of the abutting property
is taken for that purpose. Where the grade is established for the first
time on opening the street, the cost and expense of making the abutting
land conform to the use of the street should be considered in deter-
mining the extent that such abutting lands are benefited by the opening.
Baltimore v. Johnson. 123 Md. 320.

The measure of damages is the market value of the land actually to
be taken, and a due allowance of damages for injury to the remaining
land.

Patterson v. Baltimore, 124 Md. 153.

In determining whether property will be benefited by a street which
is to be opened, account must be had of the cost of putting the property
in condition to render it useful after the street is actually opened.

P. B. & W. Railroad v. M. & C. O. of Balto., 124 Md. 635. See. also,
Balto. V. Canton Co., 124 Md. 620.

The City has no power to assess benefits which materially amount
to more than the aggregate of damages and expenses. The Commis-
sioners for Opening Streets may make a proportionate reduction, or
the City Court can do so on appeal.

Maryland Trust Co. v. Baltimore, 125 Md. 40.

Mere inconvenience of access, or mere dimunition of light and air to
property does not constitute a "taking" within the meaning of the
Constitution. Such injury to come within the constitutional provision
must be such as to amount to their substantial destruction.
Baltimore v. Bregenzer, 125 Md. 78.

Condemnation of Land for Water Supply. — Adaptability of Land for
Reservoir Purposes.^ — Just Compensation Includes the Value of the
Ground and Due Allowance for Consequential Damages.---The Market
Value of Land is to be Estimated in Reference to the Uses and Pur-
poses to which it is Adapted.

Brack v. Baltimore, 125 Md. — .

1914, ch. 125.

175A. In any ordinance providing for opening, widening,
extending, straightening or closing any public highway, the
Mayor and City Council may provide that the Commissioners

155

for Opening Streets shall assess upon the property benefited
thereby the entire cost of such opening, widening, extending,
straightening or closing, including the damages paid for any
property taken therefor and the expenses of the said Com-
missioners and Court expenses, if any ; the property so benefited
may be specified in the ordinance or left to be determined by the
Commissioners. In the event of the passage of such ordinance,
the Commissioners for Opening Streets in carrying out the
same shall apportion the entire expense of such opening, widen-
ing, extending, straightening or closing among the various
properties benefited thereby. !Nothing herein shall prevent any
property owner from showing on appeal the amount he is
actually benefited.

1914, ch. 125.

175B. The first meeting of the Commissioners to execute
any ordinance to open, extend, widen, straighten or close, in
whole or in part, any street, square, lane or alley shall be
held within four months after the passage of this Act, as to all
such ordinances heretofore passed and remaining wholly un-
executed, and as to any ordinance hereafter passed within three
months after the passage of such ordinance, unless within that
time an ordinance shall be introduced to repeal the same. It
shall be the duty of said Commissioners to proceed diligently
thereafter in the further execution of such ordinance. On or
about the first of January, in every year, the said Commis-
sioners shall make a report to the Mayor, and transmit a copy
thereof to the City Council, showing the status of their proceed-
ings under every such ordinance which shall have been passed
and shall not have been fully executed. Instead of waiting
until the benefits are collected, before paying the damages
and proceeding with said opening, extending, widening,
straightening or closing, the Mayor and City Council of Balti-
more may, in its discretion, in the annual Ordinance of Esti-
mates, set aside a sum from the general levy or from any
other funds properly applicable thereto, to be used, in the dis-
cretion of the said Commissioners, with the approval of the
Board of Estimates, in paying the damages awarded in any
such proceeding in advance of the collection of the benefits
assessed in said proceeding. In the event of such advance pay-
ments, the benefits when collected shall be credited to the fund
from which such payments shall have been made. No such
advance payment shall be made until after the expiration of
the time for taking appeals from the actions of the said Com-

156

missioners, and the final termination of any appeal or other
proceeding in which the validity of the ordinance, or of the
entire proceedings thereunder, shall be assailed.

1914, ch. 125.

175C. Upon any appeal from the action of the Commis-
sioners for Opening Streets in awarding damages or assessing
benefits in the matter of opening, widening, extending, straight-
ening or closing any public highway, the return of the Com-
missioners for Opening Streets shall be prima facie evidence of
the correctness of the amounts of damages awarded and bene-
fits assessed, and the burden of proof shall be upon the party
asserting that any such award or assessment ought to be less
or more than the amount so fixed by the Commissioners for
Opening Streets ; this provision, so far as it relates to the burden
of proof, shall not apply to an appeal from benefits where no
question of damages is involved.

Act 1S98, ch. 123. 1900, ch. 109.

176. In every case where it shall be necessary in order to
efiect the object proposed under any of the ordinances providing
for the laying out, opening, widening or straightening in whole
or in part any street, square, lane or alley, that a portion only
of a lot or of a lot and improvements shall be taken and used
or destroyed, and the owner or owners thereof shall claim to
be compensated for the whole, the said Commissioners in such
cases may, if they deem it best and not otherwise, accept a sur-
render in writing of the whole of said lot and improvements,
or the whole of said improvements, from said owner or owners,
in which event the said Commissioners shall ascertain the full
value thereof, as if the whole lot or lots and improvement or im-
provements, as the case may be, were necessary to be taken and
used for such proposed object, and the whole amount of such
valuation when finally decided on shall be paid or tendered to
the said owner or owners before any part thereof shall be de-
stroyed, removed or used, unless such o^vner or owners shall
assent thereto in writing, as now provided for by law ; and the
said Commissioners, after giving ten days' notice in two of
the daily newspapers of the city of the time and place, manner
and terms of sale, shall sell by public auction to the highest bid-
der the materials of any house or houses which it shall be neces-
sary to remove, in whole or in part, and also the residue of any
lot of which a part shall be taken and used to effect the object
confided to the Commissioners, and which residue shall have

157

been, with the consent of the Commissioners aforesaid, sur-
rendered by the owners thereof as aforesaid ; the purchase money
to be paid when full possession shall be given of the property or
material so sold, and the said Commissioners or a majority of
them on receiving the purchase money aforesaid, and not be-
fore, shall by a good and sufficient deed convey the lot or lots
of ground by them so sold to the purchaser; but no such sales
shall be made until after the Commissioners have assessed the
entire amount of damages and expenses as are now directed to
be assessed by existing ordinances relating to the condemna-
tion of streets, nor until all damages for taking said property
shall have been paid or tendered to the proper party or parties
or invested or paid into Court as by law required, nor until
the said Commissioners are ready and able to give possession
to the said purchaser or purchasers of property and materials
aforesaid, and the said Commissioners are duly empowered to
take and receive a good and sufficient bond from the purchaser
or purchasers aforesaid, with a penalty to the Mayor and City
Council of Baltimore, conditioned that the purchase money be
duly paid at such time as the said Commissioners shall demand
the same, and conditioned further that said purchaser or pur-
chasers shall remove within sixty days after notice from the
said Commissioners, from the bed of the street all such mate-
rials so sold, and all rubbish or other obstructions in said street
occasioned thereby ; and in the event of the purchaser or pur-
chasers not complying with the terms of said sale, the Commis-
sioners shall re-sell the said lot or lots, and improvement or
improvements, as the case may be, at the risk of the former
purchaser, or purchasers, giving not less than five days' notice
of said re-sale in two of the daily newspapers of the city afore-
said ; provided, however, that where, in the judgment of said
Commissioners, a part only of the whole of a lot or a part of the
whole of the improvements of any lot can be taken without
destroying the whole of said lot or said improvements, for the
purpose for which lot or improvements are used, or for building
purposes, the said Commissioners shall only condemn such part
of said whole lot or improvements as is necessary for the
proposed object, and shall award to the owner or o\\mers of the
part of the lot or improvements so taken such damages and
assess upon the remainder thereof such benefits as in their
judgment shall be right and proper; and provided, further, that
in all cases where there are sheds or other obstructions lying and
being in beds of streets, lanes, roads or alleys, in process of
opening or widening, where the same will not, in the judgment

158

of the Commissioners for Opening Streets, sell by public auc-
tion for the amount of the expenses of said sale, then the said
Commissioners for Opening Streets may, and they are hereby
authorized, to sell the same at private sale.

M. & C. C. of Baltimore v, Merryman, 23 Md. 449. Mayor v. Clunet,
23 M(l. 464. Xorris v. Balto., 44 Md. 603. Bernei v. Mayor, 56 Md. 351.

As to right of the city to institute condemnation proceedings before
street grades are established, see, Balto. Belt R. R. Co. v. Turner, Daily
Record, January 12, 1893.

As to rule for valuation of property in awards in condemnation pro-
ceedings, see, Park Board v. White, Daily Record, May 25, 1893.

The inchoate right of dower in fee simple property to be considered
in condemning property. B. & O. R. R. Co. v. Textor, Daily Record,
December 25, 1893.

1914, ch. 125.

176A. In any case where a part of a lot, or part of a lot and
improvements is taken for opening, widening, extending,
straightening or closing a public highway, the Commissioners
for Opening Streets in making their award, and in the event of
an appeal, the Court or Jury in making its or their award shall
not award damages and assess benefits separately, but shall
ascertain and find separately: First — the present value of the
entire lot, or the entire lot and improvements of which a part
is to be taken, as if the proposed opening, widening, extending,
straightening or closing were not to be made; and secondly —
what will be the value of the portion of the lot or of the lot
and improvements which will remain after the opening, widen-
ing, extending, straightening or closing of said highway shall
have been made, and the grading thereof shall have been done.
If the value so found of the whole, exceeds the value so found
of the portion which will remain, the owner of said lot, or of
said lot and improvements shall be allowed the difference as net
damages. If the value so found of the part which will remain
shall exceed the value so found of the whole, then the owner of
the said lot, or said lot and improvements shall be charged the
difference as net benefits, but nothing herein shall prevent the
surrender of the whole lot, as provided in section 176.

1912, ch. 32.

177. As soon as the Commissioners aforesaid shall have
completed the valuation of damages to be ascertained by them
as directed by this Article, they shall cause a statement thereof
to be made out for the inspection of all persons desiring infor-
mation of its contents, and such statement, together with an
explanatory map or maps, shall contain a description of each

159

separate lot or parcel of gTound deemed to have sustained
damages, its dimensions, the name of the street, lane or alley on
which it bomids, the names of all persons supposed to have any
estate or interest in it, and the amount of damages as valued
by the Commissioners; and if there be anv house or other im-
provements on it, necessary to be removed, in whole or in part,
such description thereof as the Commissioners shall deem neces-
sary ; and in like manner a description of each parcel of ground
deemed by the Commissioners to be benefited, the name or
names of such person or persons as may be supposed to ha\e
any estate or interest therein, and the amount assessed thereon
for benefits ; and the said Commissioners shall cause a notice to
be published for four successive days in two daily newspapers
of the city stating the extent of the ground covered by the assess-
ment, and that such statement and maps are ready for the
inspection of all persons interested therein and that the Com-
missioners will meet at their ofiice on a day to be named in said
notice, which shall be not less than five nor more than ten days
after the first publication of such notice, for the purpose of
reviewing any of the matters contained in such statement to
which any person claiming to be interested shall make objec-
tion; and the Commissioners shall meet at the time and place
so appointed, and shall hear and consider all such representa-
tions or testimony on oath or afiirmation, verbal or in writing,
in relation to any matter in said statement which shall be offered
to them on behalf of any person claiming to be interested
therein, and the said Commissioners shall make all such correc-
tions and alterations in the valuations, assessments and esti-
mates, and all other matters contained in the said statements
and explanatory map or maps aforesaid, as in their judgment
shall appear to them, or a majority of them, to be just and
proper; and they may adjourn, from day to day, if necessary,
to give all parties claiming a review an opportunity to be heard,
not exceeding in the whole ten days; and after closing such
review the Commissioners shall make all such corrections in
their statement and explanatory map or maps as they shall deem
proper, and cause such statement as corrected to be recorded in
their book of proceedings, and certified under the hands and
seals of said Commissioners and their clerk, and notify all per-
sons interested by an advertisement, to be inserted once a week
for four successive weeks, in two of the daily newspapers of
the city that the said assessments have been completed, and that
the parties affected thereby are entitled to appeal therefrom by

IGO

petition in writing to the Baltimore City Court within thirty
days after the first publication of said notice.

Central Savings Bank v. Baltimore, 71 Md. 520. M. & C. C. of Balti-
more V. Smith, SO Md. 467. Zion Church v. Baltimore, 71 Md. 524.

1914, ch. 494.

177A. In any ordinance for opening, extending, widening,
straightening, closing or grading any street, lane or alley in the
City of Baltimore, the Mayor and City Council of Baltimore
may provide that the assessments of benefits may be made pay-
able in annual installments, not exceeding five, with interest at
six per cent, on the deferred installments from the time such
proceedings are concluded. If any such ordinance does not
provide otherwise as to the time of payment of benefits, then
all benefits assessed thereunder shall be payable, at the option of
the person assessed, either at once or in five equal installments,
one of which shall be due when the proceedings under said
ordinance are concluded and the other installments shall be due
and payable, respectively, one, two, three and four years there-
after, with interest on each installment from the date when the
proceedings were finally concluded ; provided, however, that
where the same party is assessed in any such proceedings for
benefits and also awarded damages, the damages shall be de-
ducted from the benefits to the extent of the damages, and the
provision of this section as to paying the benefits in installments
shall apply only to the excess of the benefits over the damages.
The Commissioners, in their final return, shall state whether or
not benefits are to be payable in installments, and if so in what
installments.

1912, ch. 32.

178. It shall be the duty of the Clerk of the Commissioners
for Opening Streets to serve written or printed notice upon
each and every party or parties assessed for damages, caused by
the condemnation and opening of any public highway; pro-
vided, however, that the service of such notice shall not be so
construed as to be one of the pre-requisites to the condemnation
and opening of any street under any ordinance heretofore
passed, or hereafter to be passed.

1912, ch. 32.

179. The Mayor and City Council of Baltimore or any
person or persons, or corporations, who may be dissatisfied with
the assessment of damages or benefits, as hereinbefore provided,

161

may, within thirty days after the first publication of the notice
provided in section 177, appeal by petition, in writing, to the
Baltimore City Court, praying the said Court to review the
same, and on any such appeal the Court shall appoint a day for
hearing said appeal, which shall not be less than five or more
than thirty days after expiration of the thirty days limited
for taking appeals as aforesaid, and shall direct the clerk of
the said Court to issue a subpoena duces tecum to the clerk of
the Commissioners for Opening Streets, requiring him to pro-
duce and deliver to said Court the record of the proceedings of
the said Commissioners in the case, and all maps, plats, docu-
ments and papers connected with such record, and the City
Court shall have full power to hear and fully examine the
subject, and decide on the said appeal, and for that purpose is
hereby authorized and empowered to adjourn from time to time,
and may cause all such appeals to be consolidated, or may hear
and decide them separately, and may require the said Conunis-
sioners, their clerk, surveyor, or other agents and servants, or
any of them, and all such other persons as the Court shall deem
necessary, to attend, and examine them on oath or aflirmation,
and may permit and require all such explanations, amendments
and additions to be made to and of the said record of the pro-
ceedings as the said Court. shall deem requisite; and the persons
appealing to the Baltimore City Court, as aforesaid, shall be
secured in the right of a jury trial, and the said Court shall
direct the Sheriff of Baltimore City to summon twelve or more
persons qualified to be jurors, and shall impanel any twelve
disinterested persons so summoned, or attending the Court, to
try any question of facts, and if necessary to view any property
in the city, or adjacent thereto, to ascertain and decide on the
amount of damages or benefits, under the direction of the
Court ; and the said Court shall not reject or set aside the
record of the proceedings of the said Commissioners for any
defect or omission in either form or substance, but shall amend
or supply all such defects and omissions and increase or reduce
the amount of damages and benefits assessed, and alter, modify
and correct the said return of proceedings, in all or any of its
parts, as the said Court shall deem just and proper, and shall
cause the proceedings and decisions on said returns and appeals
to be entered in the book containing the record of the proceed-
ings of the Commissioners certified by the clerk, under the seal
of the Court, and the book to be transmitted to the said Commis-
sioners, which shall be final and conclusive in every respect,
unless an appeal be taken to the Court of Appeals, and such

(7) ,

162

record book, or a copy of the proceedings therein, or any part of
such proceedings, whether- in Court or out of Court, certified by
the said Commissioners under their hands, shall be evidence in
any Court in this State, and the judge of the Baltimore City
Court shall have full power, in his discretion, to add the reason-
able costs of any appeal, to be taxed by him, or any part thereof,
to the damages to be collected for opening or closing said street
or to require such cost, or any part thereof, to be paid by all or
by either of the appellants, as the circumstances of such appeal,
in his opinion, shall justify. Upon every appeal to the Balti-
more City Court from any action of the Commissioners for
Opening Streets both the damages and benefits assessed by thp
Commissioners to the appellant shall be open for review and
correction by the said City Court.

Trustees v. Mayor of Baltimore, 2 Md. Cli. 78. Alexander v. Mayor,
5 Gill, 383. Meth. Prot. Church v. Mayor, 6 Gill, 391. Page v. Mayor,
34 Md. 558. Hazelhurst v. Baltimore, 37 Md. 200. Norris v. Mayor,
44 Md. 598. Brooks v. Mayor of Baltimore, 48 Md. 265. Friedenwald
V. Shipley, 74 Md. 116. Farrel v. Baltimore, 75 Md. 493. Baltimore
V. Coates, 85 Md. 531. Baltimore City v. Bonaparte, 93 Md. 161.

The rislit of appeal is given by the above section to the Baltimore
City Court. A court of equity has no jurisdiction to enjoin the con-
demnation proceedings in the Baltimore City Court on the ground that
the condemnation is undertaken before the establishment of the grade
of the street. This question is within the jurisdiction of the Baltimore
City Court.

Baltimore v. Johnson, 123 Md. 321.

As to effect of inspection by jury of premises, see,

Patterson v. Baltimore, 124 Md. 153.

On appeal the Street Commissioners, clerks and other agents are com-
petent witnesses, and may be summoned and examined as to the prin-
ciples upon which their awards and assessments wei*e made.
Patterson v. Baltimore, 124 Md. 153.

1912, ch. 32.

180. Wlienever any ordinance passed by the Mayor and City
Council of Baltimore, providing for the condemnation and
opening, extending, widening, grading or closing of any street,
lane or alley, in said city, shall be set aside, or declared null
and void by a Court of competent jurisdiction, to wit: The
Baltimore City Court or the Court of Appeals, in the event of
an appeal to that tribunal, or the same shall be repealed by the
city, it shall be the duty of the Comptroller immediately there-
after to draw his warrant on the Citv Register in favor of any
and all persons or their legal representatives, who may have
paid into the city treasury any sum or sums of money on account
thereof; which shall be forthwith paid out of any sums in the
treasury not otherwise appropriated. The Comptroller shall

163

likewise draw his warrant on the City Register for the pa}Tnent
of all expenses which may have been incurred by virtue of any
such ordinance in carrying out the provisions thereof, for which
the city may be liable under existing ordinances.

1912, ch. 32. 1914, cli. 494.

181. If no appeal shall have been prayed, then, within ten
days after the time hereinbefore limited therefor, or after the
return of the decision upon any appeal shall have been made to
the said Commissioners, their return shall be transferred to the
City Collector, who shall proceed forthwith to notify the parties
assessed for benefits by means of bills specifying the several
sums so assessed and the installments thereof due and payable,
and warning them that if the same be not paid within two
months from the date of such transfer of said Commissioners'
returns, he will proceed to sell the specific pieces or parts of
property on which said unpaid sum or sums of money shall have
been assessed, in the manner and after having given the notice
directed by this Article. Thereafter, as each installment be-
comes due, the Collector shall give the same notice; if any
installment be not paid, and the Collector shall proceed to sell,
under section 182 of this Article, the right of the party assessed,
to pay the remainder of said assessment in installments, shall be
forfeited, and the Collector shall collect from the proceeds of
said sale the entire amount of the assessment not theretofore
paid, with interest at six per cent, to the date of such collection.

State ex rel Henderson v. Taylor, 59 Md. 338. See, decision of Brown
C. J. City Court in re Webster v. Mayor, October 16, 1874.

1912, cb. 32.

182. If the sums assessed upon the property specified shall
not be paid within the time above limited, the City Collector is
hereby directed to sell the property, or any part thereof, on
which such assessment has been laid, giving thirty days' notice of
said sale in two of the daily newspapers published in the City of
Baltimore, the first insertion of said notice to be made in said
newspapers promptly after the expiration of the time limited
in this article for the payment of said benefits; and the moneys
so collected by the City Collector shall be paid over by him to
the city as other moneys are directed to be paid over.

M. & C. C. of Baltimor(! v. (Jrand Lodge, 44 Md. 437. Zion Church v.
Mayor, 71 Md. 524. I'. W. & B. R, R. Co. v. Shipley, 72 Md. 88.

1912, ch. 32.

183. In all cases in which the City Collector shall sell any

164

property on account of the non-payment of assessments made
for the opening, closing, widening, grading or extension of any
street, Lane or aHoy, it shall be his duty to sell said pro])erty to
the extent and subject to the same conditions which are provided
by ordinance for the sale of real estate in the City of Balti-
more, charged with the payment of other taxes imposed by this
corporation; and in the event of the purchaser or purchasers
failing forthwith to comply with the terms of said sale, the City
Collector shall re-sell the same at the risk of the former pur-
chaser, ffiviiiff not less than ten days' notice in two of the dailv
newspapers of the city aforesaid ; and after collecting the benefit
assessments he shall forthwith return the said Commissioners'
proceedings to the Comptroller.

184. The City Collector, on receiving the full amount of the
purchase money on such sale, shall execute a deed of conveyance
in favor of the purchaser or purchasers, or their assign or
assigns, which deed shall convey a fee simple or leasehold estate,
as the case may be, in and to such property, and after deducting
the costs of sales, advertising and other necessary expenses, he
shall pay the balance of such purchase money to the city, which
shall pay over the said balance, after deducting the amount
assessed on said property, to the person or persons entitled
thereto, on demand without interest.

Carter v. Woolfork, 71 Md. 283.

185. All sums of money assessed by the Commissioners
aforesaid, upon property deemed by them to be benefited, shall
be and continue liens on each several piece of property so
assessed, to the amount of its particular assessment, until the
same shall be paid to the city ; but no part of any street, square,
lane or alley shall be opened on or over the ground of any person
or persons, or corporation, adjudged by the Commissioners to be
entitled to damages for said opening, without the consent, in
writing, of the person or corporation so entitled, until such
damages shall be paid, or the amount thereof invested in the
city stock, for the use of each person or corporation entitled to
any part of the compensation for such damages, to the amount
of his, her or their respective right and interest therein, of
which investment the City Register's certificate, under the cor-
porate seal of the city, shall be competent proof.

Gould V. Mayor, 59 Md. .378. Central Savings Bank v. Baltimore, 71
Md. 517. Zion Church v. Baltimore City, 71 Md. 524.

186. Any person or persons not claiming title to any lot or

165

piece of property upon which any sums shall be assessed, as
aforesaid, may pay the amount of the sum so assessed, within
the time limited, to the City Register, and obtain his certificate
of having paid such sum without claiming title to the property ;
and such payment shall vest in the person or persons paying his,
her of their heirs, the lien on such lot or property mentioned in
this Article.

State ex rel, Henderson v. Taylor, 59 Md. 338.

187. If it should so happen that any one or more of said
Commissioners should be interested in any particular case, the
Mayor shall make a temporary appointment of a Commissioner
or Commissioners, to act in the place and stead of such inter-
ested Commissioner or Commissioners, who shall take the oath
or affirmation, as the case may be, and in all respects conduct
himself and have all the powers as the other Commissioners
who are appointed by the Mayor.

188. Whenever any lot, or part of a lot, or parcel of ground
may be taken and included within the lines of any street, lane
or alley, or part thereof, and damages assessed therefor, and
there shall be an outstanding unexpired term of years therein,
the said Commissioners shall discriminate in their proceedings
between the value of fee simple or ground rent interest, and the
leasehold interest.

Mayor, etc. v. Rice, 73 Md. 307. Gluck v. Mayor, 81 Md. 315.

1912, ch. 32.

189. Wlienever any obstruction shall have remained in any
street, lane or alley, or part thereof so opened, for the space of
sixty days after the proceedings of the said Commissioners shall
have been completed, it shall be the duty of said Commissioners
to cause the same to be removed and to draw on the Register for
the expense so incurred, which shall be paid by him, and the
Mayor shall forthwith cause a suit for the recovery of said
expenses to be instituted against the person or persons by whoso
default the said obstruction has been suffered to remain, and the
same, when recovered, shall be paid to the Register for the use
of the city.

190. Repealed by Act of 1912, ch. 32.

1912, ch. 32.

191. When the proceedings of the Commissioners for Open-

166

ing Streets iu any case are transferred to the City Collector, the
City Eegister is authorized and required to pay all the expenses
incurred by the Commissioners under the said proceedings. But
such expenses shall not remain unpaid more than six months
after the completion of any services performed under said ordi-
nance; and the Comptroller and Register are directed to pay,
within six months after the services have been completed, any
such expenses upon presentation of the proper vouchers or cer-
tilicates from the Commissioners for Opening Streets.

192. Repealed by Act of 1912, ch. 32.

193. "\Mienever the owner or owners of the bed of any of the
streets, lanes or alleys of the city, as laid out on Poppleton's
plat, or on such plat as the city may adopt, for the territory
annexed under the Act of 1888, Chapter 98, shall offer to
convey the same to the city, it shall be the duty of the ]\Iayor to
obtain the opinion of the Citv Solicitor in relation to the title
to the property and the legality of the deed or deeds, and, if in
the opinion of the Mayor, it will be right and proper, and the
public good will result therefrom, he is hereby authorized to
receive, in the name of the Mayor and City Council of Balti-
more, any deed or deeds so offered to the city ; provided, that no
deed shall be for less than one whole square, and that the city
shall not incur any expense in receiving the same ; and that a
plat setting forth the location, together with the surrounding
property, to the extent of two hundred feet, shall accompany
said deed.

194. Whenever any street, lane or alley, or part thereof,
shall bo conveyed to the city, as provided in the preceding sec-
tion, the same shall be a public highway, subject to all ordi-
nances and resolutions relating to streets, lanes and alleys in
the City of Baltimore,

195. The Mayor and City Council of Baltimore will not
entertain any petition for or remonstrance against the opening,
widening, straightening or closing of any street, lane, or alley
in the City of Baltimore, unless the signers of such petition or
remonstrance shall state the location of the property they repre-
sent, together with the number of front feet of the same.

1908, ch. 150.
195a. In any and all cases where a street, lane or alley, or
part thereof, situated in the City of Baltimore, has been opened,

167

widened, straightened or closed by the Mayor and City Council
of Baltimore, or by any Commissioner or Commissioners, or
other person or persons, acting either nnder the provisions of
an Act of the General Assembly of Maryland, or of an ordinance
•of the Mayor and City Council of Baltimore, or both, whereby
authority was granted to assess the whole or any portion of the
costs of such improvement upon property benefited thereby, and
such assessments, or any part thereof remain unpaid, it sluiU
be lawful for the ^^Fayor and City Council of Baltimore to pro-
vide by ordinance for levy and collection, in such manner as it
may deem proper, of a 'tax to the extent of such special benefit
upon all the property, which the said Mayor and City Council
of Baltimore, or the said Commissioner or Commissioners, or
other person or persons above mentioned, have designated in
their return, as property benefited by such improvement, and
liable to assessment therefor ; provided, that no property, upon
which the assessment originally made for its share of the cost
of such improvement shall have been paid, shall be again
assessed, and that reasonable notice and an opportunity to be
heard shall be given to all persons interested before final ascer-
tainment of the amount of tax to be paid by any such property,
and the said city shall provide for appeals to the Baltimore City
Court by any person or persons interested, including the city
itself, from the decision of the Commissioners for Opening-
Streets, or any Commissioner or Commissioners, or other per-
sons appointed to determine the amount or amounts of such
special taxes or assessments, and in the trial of such appeals the
practice shall conform as near as may be to the practice in the
trial of street appeals, including the right of appeal to the
Court of Appeals.

MUNICIPAL OFFICERS
NOT INCLUDED IN ANY DEPARTMENT.

CITY LIBRARIAN.

196. There shall be an official of the Mayor and City Coun-
cil of Baltimore, to be known as the City Librarian. He shall
be appointed by the Mayor in the manner prescribed in section
25 of this Article and hold his office as therein provided. The
said Librarian shall, under the supervision and direction of the
City Register, take under his charge and keeping all the books
and documents of every dosci-iption, and the archives, records,
papers and proceedings of the Mayor and City Council of
Baltimore, except as is otlicrwisc hoi'oin provided, now in the

168

possession of other mimicipal officers, entrusted with them by
the city, or which may hereafter come into the possession of the
city, and also all the ordinances, resolutions and proceedings of
the City Council after each and every session thereof; and he
shall arrange and classify, so as to be easily found when needed,
all the books, documents, records, papers, ordinances and resolu-"
tions, and proceedings hereby placed and hereafter to come
under his charge and keeping; and he shall furthermore care-
fully collect and arrange and safely keep a complete series of
ordinances and resolutions and proceedings of the Mayor and
City Council of Baltimore, and all other books, papers and
memorials relating to Baltimore, from its beginning as a town
to the present time, and this shall continue to be one of his
regular duties, and he shall not permit any book or books, or
documents of said series to be taken or removed by any one from
the City Library, and he shall permit no other book, document,
record or paper of any sort to be taken from the City Library,
except by city officers, and then only on a written receipt from
such city officer or officers for the same, which receipt shall be
written in a book to be kept for that purpose, and shall be duly
cancelled on the return of the book, documents, records or papers
so borrowed ; and he shall see that no books, documents, records
or papers of any sort be lost or mislaid by said city officers ; he
shall also carefully prepare and keep an index for that purpose
of all the books, documents, records and papers of said library.
Room shall be provided in the City Hall, and properly furnished
for the reception and custody of said library. The salary of the
City Librarian shall be one thousand five hundred dollars per
annum, payable monthly ; and he shall give a good and sufficient
bond, to be approved as authorized by this Article, in the sum of
live thousand dollars, for the faithful performance of his duties
in the premises.

The provisions of the Charter in relation to the City Librarian and
his duties were largely embodied from Art. xxxii of the Baltimore City
Local Code (1893).

1906, ch. 111.

197. Each of the departments, sub-departments, municipal
officers not embraced in a department and special commissions
or boards of the ]\layor and City Council of Baltimore shall, on
or before the first day of December in every year, furnish to the
City Librarian a schedule of all stationery and printed matter,
which may be required for the use of such departments, sub-
departments, municipal officers and commissions or boards for
the year commencing on the first day of January thereafter. It

169

shall be the duty of the City Librarian, twenty days prior to the
first day of January in each year, to advertise for proposals for
furnishing all such stationery and printed matter as may be
required by the respective departments, sub-departments,
municipal officers and commissions or boards of the city, for the
ensuing fiscal year, subject to the provisions of sections 14 and
15 of this Article. All contracts which may be awarded in pur-
suance of the provisions of this section shall contain a clause
stipulating that any stationery or printed matter which may be
required for the use of any department, municipal officers and
commissions or boards aforesaid of the city, over and above the
quantity specially designated in said contracts, shall be fur-
nished by the contractors at the same rate charged for articles
which are specially mentioned in said contracts, and if any
supplies are required which are not mentioned in said contract
they shall be furnished at the low^est market rates. It shall be
the further duty of the City Librarian to furnish to each of the
departments of the city, sub-departments, municipal officers not
embraced in a department and special commissions or boards,
from time to time, upon the requisition of the heads of said
departments, sub-departments, municipal officers and commis-
sions or boards, the stationery and printed matter which may be
necessary for the use of said departments, sub-departments,
municipal officers not embraced in a department and special
commissions or boards and to keep an accurate account of all
supplies which may be furnished ; and he shall annually report
to the City Council of Baltimore the quantity of stationery and
printed matter which he shall have furnished to the respective
departments, sub-departments, nmnicipal officers and commis-
sions or boards during the preceding fiscal year and the expense
of the same.

As to powers of Mayor and City Council of Baltimore in relation to
contracts for stationery prior to Act 1906. cli. Ill, see, Baltimore v.
Weatherby, 52 Md. 442. and cases cited under sections 14 and 15 of
the Charter, ante, pages 57, 58, 59.

198. The City librarian is hereby authorized and directed
to appoint two assistants, to be known as First Assistant Libra-
rian and Second Assistant Librarian, who shall perform such
duties as the Librarian shall from time to time prescribe and
direct, and for whose acts the Librarian shall be held responsi-
ble. The First Assistant shall give such bond as provided by
ordinance and approved by the ]\hiyor. In the event of the
necessary ab.sence of the Li})rarian, from sickness or other cause,
the First Assistant, with the approbation of the Mayor, shall

170

have full power and authority to perform all the duties of the
Librarian. The salary of the First Assistant Librarian shall be
nine hundred dollars per annum, payable monthly, and the
salary of the Second Assistant shall be seven hundred and fifty
dollars per annum, payable monthly.

199. There shall be opened, under the direction of the City
Librarian, a set of books in which shall be entered all requisi-
tions made upon the City Librarian from the difterent depart-
ments, sub-departments, municipal officers and connnissions or
boards of the Mayor and City Council of Baltimore, from time
to time, and each department, sub-department, municipal officer
and commission or board shall be charged with all books,
stationery and printed matter it may receive from said Libra-
rian ; there shall be kept a record of all bids received for books,
stationery and printed matter and of the acceptance or rejection
thereof. The City Librarian shall permit no bid once filed in
his office to be withdrawn therefrom. There shall be copied and
filed away all contracts made or entered into between bidders
and the Cit}' Librarian ; and there shall be annually prepared a
general statement of all the transactions of the City Librarian's
office, and presented to the City Council.

200. The City Library shall be kept open daily from 9 A. M.
to 4 P. j\I., and during the sessions of the City Council and at
such other times as may be necessary or may be prescribed by
ordinance, with the Librarian or his Assistants in attendance.

COMMISSION" 01^ CITY PLAK

1910, ch. 114.

200A. There shall be a Commission on Citv Plan, to consist
of the Mayor of the City of Baltimore and eight other members
who shall be appointed by the ]\layor in the manner prescribed
in section 25 of this Article, who shall hold their offices as in
said section provided, and shall serve without pay; one of the
said Commissioners shall be president of said Commission, and
shall be so designated by the Mayor ; the said Commission may
elect a secretary, who shall be paid such salary as may be pro-
vided for by ordinance and who shall perform such duties as
may be from time to time prescribed by said Commission. The
said Commission shall investigate all plans proposed for the
construction or extension of public highways in the City of
Baltimore and the establishment of a civic center or other public
improvements in connection therewith, and shall report the

171

results of such investigations from time to time to the Mayor
and City Council, and shall perform such other duties and
exercise such other powers as may be delegated to it or as may
be prescribed by ordinance not inconsistent with this Article.

ART COMMISSION.

201. There shall be an Art Commission, to consist of the
Mayor of the City of Baltimore and seven others, to be named
by the following institutions, and appointed by the Mayor in the
manner prescribed by section 25 of this Article, and hold their
offices as therein provided : One shall be named by the Mary-
land Historical Society, one by the Johns Hopkins University,
one by the Peabody Institute, one by the Maryland Institute for
the Promotion of the Mechanic Arts, one by the Architectural
Club of Baltimore, one by the Board of Park Commissioners,
and one by the Charcoal Club ; the members of the Commission
shall serve without pay. If any of said institutions shall fail to
name a Commissioner for thirty days after having been re-
quested in writing by the Mayor so to do, the Mayor shall name
such Commissioner.

202. No statue, ornamental fountain, arch or gateway,
monument or memorial of any kind shall be erected, nor any
change made in those already erected in any public street,
avenue, square, place, park or municipal building in the City of
Baltimore unless the design and site or proposed change for the
same shall have been submitted to the Commission and approved
by a majority thereof, and its report shall have been made to the

' City Council ; said report shall be made within thirty days from
the time when the design and site or proposed change as above
specified shall have been submitted to the Commission for its
approval.

203. The Commission shalJ, at the request of the Mayor, or
the City Council, give its advice as to the suitability of the
design for any public l)ui]ding, ])ridge or other structure, and
shall report thercnm in writing to the City Council. All vacan-
cies in said Commission shall be filed by the INhiyor from those
named by the institutions as herein provided ; and in case any of
said institutions fail for thirty days, after receiving the request
of the Mayor, to name a person to till \\\c said vacancy, the
Mayor sliall fill it witli a person of liis own selection.

172

SUPEEIXTENDENT OF LAMPS AND LIGHTI:NG.

204. There shall be a Superintendent of Lamps and Light-
ing, who shall be appointed by the Mayor in the manner pre-
scribed in section 25 of this Article, and hold his office as therein
provided. He shall have under his charge and supervision the
lighting of the City of Baltimore, and shall perform the duties
now performed by the General Superintendent of Lamps and
Inspector and Sealer of Gas Meters, and such other duties as
may be prescribed by ordinances, not inconsistent with this
Article. He shall have power to appoint an assistant, who shall
perform all the duties now performed by the Inspector of
Illuminating Gas and Oils. The Superintendent of Lamps and
Jjighting shall have the power to appoint such number of district
superintendents of lamplighters as the requirements of the city
may demand and as are necessary to properly care for the lamps
and lighting of the city, and iix their compensation, not to
exceed in the aggregate the amount appropriated by ordinance.
He shall have power to appoint such clerks and employees as
may be necessary to properly conduct his office, and as the
annual appropriations of the city for his use in the discharge of
his duties may warrant. The compensation of the Superin-
tendent of Lamps and Lighting shall be two thousand dollars
per annum, payable monthly, and his assistants and the clerks
and employees under him shall be paid such fixed salaries as
may be prescribed by ordinance, and not in fees ; all fines and
inspection fees shall be paid to the Comptroller.

American Lighting Co. v. McCuen, 92 Md. 705.

SURVEYOR.

p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825.

205. There shall be a Surveyor, to be elected on the Tuesday
next after the first Monday in I^ovember in the year eighteen
hundred and ninety-nine, and on the same day in every second
year thereafter, and whose term of office shall commence on the
first Monday in January next ensuing after his election; his
duties and compensation shall be prescribed by the ordinances
of the Mayor and City Council of Baltimore. Any vacancy in
the office of Surveyor shall be filled by the Mayor and City
Council of Baltimore for the residue of the term.

Baltimore City v. Lyman, 92 Md. 610.

CONSTABLES.

1912, ch. 823.

206. There shall be two Constables for every ward of the

173

City of Baltimore, who shall be appointed by the Mayor aud
City Council of Baltimore and hold their offices for two years.
Their duties and compensation shall be the same as are now,
or may hereafter be prescribed by law or ordinances.

Constable failing to qualify within thirty days after his appointment,
forfeits his position.

Little V. Schul, 118 Md. 4.55. {Sec notes to section 623).

Ordinance passed in pursuance of Charter has same force as Act of
the Legislature.

Gould V. Baltimore, 119 Md. 534.

SUPEEINTEISTDENT OF PUBLIC BUILDINGS.

207. There shall be a Superintendent of Public Buildings,
who shall be appointed by the Mayor in the manner prescribed
in section 25 of this Article, and hold his office as therein pro-
vided. The said Superintendent of Public Buildings shall
provide for the watching, cleaning and heating, and shall have
charge of, the City Hall and the buildings and offices in which
the different Courts of the city may be held and in which their
records may be kept. He shall receive a salary of one thousand,
five hundred dollars per annum, payable monthly, and perform
such other duties as may be provided by ordinances, not incon-
sistent with this Article. He shall employ such assistants and
employees, and at such compensation as may be fixed by ordi-
nance.

PUBLIC PRINTER.

208. There shall be a Public Printer, who shall be elected on
the second Monday of June, in the year eighteen hundred and
ninety-nine, and on the same day and month in every second
year thereafter, by a convention of both Branches of the City
Council. The Public Printer shall be a reputable person, firm
or corporation, who shall be bona fide engaged in the printing-
business in the City of Baltimore, to execute the printing re-
quired by both Branches of the City Council, who shall perform
the duties required of him, them or it by ordinances not incon-
sistent with this Article, and who shall, before he, they or it
enter upon the discharge of his, their or its duties as such,
execute a bond to the Mayor and City Council of Baltimore, in
the penal sum of five thousand dollars, with the condition that
he, they or it will faithfully discharge the several duties incum-
bent upon him, them or it, which l)ond shall be deposited in such
place as the Mayor may select for depositing papers of this kind,
and be delivered by him to his successor in office.

Baltimore City v. Lyman, 92 Md. .610.

174

1906, ch. 565.
208A. There shall be a Department of Legislative Refer-
euce of the Mayor and City Council of Baltimore. The head of
said Department shall consist of a Board composed of the Mayor
of Baltimore, the City Solicitor, the President of the Johns
Hopkins University, the President of the Municipal Art
Society, and the President of the ^Merchants and Manufacturers'
Association of Baltimore City, and the members of the said
Board shall serve without pay. The said Board shall employ
a competent statistician as its executive officer to organize and
conduct the said Department, and the said executive officer shall
hold office from the first day of January, 1907, during good
behavior, and shall be subject to removal by the said Board or a
majority thereof, for incompetence or neglect of duty.

1906, ch. 565.

208B. It shall be the duty of said executive officer to investi-
gate and report upon the laws of this and other States and cities
relating to any subject upon which he may be requested to so
report by the Mayor of Baltimore, any Committee of the City
Council or the head of any City Department ; to accumulate all
data obtainable in relation to the practical operation and effect
of such laws ; to investigate and collect all available information
relating to any matter which is the subject of proposed legisla-
tion by the General Assembly of Maryland, or the City Council
of Baltimore ; to examine acts, ordinances and records of any
State or city, and report the result thereof to the jMayor of
Baltimore, any Committee of the City Council or the head of
any City Department requesting the same ; to prepare or advise
in the preparation of any bill, ordinance or resolution when
requested so to do by any member of the City Council ; to pre-
serve and collect all information obtained, carefully indexed
and arranged so as to be at all times easily accessible to city
officials and open to the inspection of the general public; to
perform such other duties as the said Board may prescribe; and
to make a full and complete report thereof on or before the first
dav of February of each and everv vear to cover the work
for the previous fiscal year ending December thirty-first.

1906, ch. 565.

208C. The Board of Estimates shall provide in the ordi-
nance of estimates for the year 1907, and annually thereafter,
for the pa\anent of the salary of said Executive Officer, which
shall not be less than $2,000 per annum, and also a sum suffi-

175

cieut to pay all other expenses of the said Department of Legis-
lative Reference.

LEGISLATIVE DEPARTMENT.
CITY COUI^CIL.

p. L. L., (1860) Art. 4, sec. 12. P. L. L., (1888) Art. 4, sec. 16.
209. The Legislative Department of the Mayor and City
Conncil of Baltimore shall be vested in the City Council, which
shall consist of two Branches, one of which shall be the First
Branch and the other the Second Branch.

Baltimore City v. Gorter, 93 Md. 1, 8.
In connection witli this section, see, Smyrk v. Sharp, 82 Md. 97.

P. L. L., (1860) Art. 4, sees. 13, 24. P. L. L., (1888) Art. 4, sees. 17, 28.

210. The First Branch shall consist of one member from
each ward of the city, who shall be a citizen of the United
States, above the age of twenty-one years, a resident of the city
three years preceding his election, and for the same time a resi-
dent of the w^ard for which he is elected, and assessed with
property to the amount of three hundred dollars, who has paid
taxes on the same one year prior to his election, and shall hold
his office for two years. Each member of the First Branch shall
be paid a salary of one thousand dollars per annum, payable

monthly.

Baltimore City v. Gorter, 93 Md. 8.
In connection with section 210, see, Kean v. Rizer, 90 Md. 507. Yan-
neman y. Pusey, 93 Md. 686, 690.

P. L. L., (1860) Art. 4, sees. 14, 24. P. L. L., (1888) Art. 4, sees. 18, 28.

1898, ch. 123. 1901, ch. 8.

211. The Second Branch shall consist of nine members, one
of whom shall be the President thereof, and shall possess the
qualifications and bo elected as hereinafter provided. The other
eight members shall be elected from four Councilmanic Dis-
tricts, two from each district; said district to be established and
fixed as herein defined by this Act. The members of the Second
Branch, excepting the President thereof, shall be citizens of the
United States above the age of twenty-five years, residents of the
City of Baltimore four years prior to their election, each of
whom -has been assessed with property in the said city in the
sum of five hundred dollars, and who has paid taxes on the same
for two years prior to his election ; and the said members of the
Second Bi-iincli slmll liold thcii- offices for four years, except as

176

provided iu section 213 of this Article, aud each of them shall

be paid a salary of one thousand dollars per annum, payable

monthh'.